Compiler's Note The Journal of the Senate for the regular session of 1997 is bound in two separate volumes. Volume One contains January 13, 1997 through March 20, 1997. Volume Two contains March 21, 1997 through March 28, 1997 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 1997 VOLUME TWO Commenced at Atlanta, Georgia, Monday, January 13, 1997 and adjourned Monday, March 28, 1997 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 1997 PIERRE HOWARD ................ President (Lieutenant Governor) FULTON COUNTY SONNY PERDUE .......................... President Pro Tempore HOUSTON COUNTY FRANK ELDRIDGE, JR. ................... Secretary of the Senate WARE COUNTY MATTHEW HILL ................................ Sergeant at Arms BARTOW COUNTY STAFF OF SECRETARY OF SENATE ALICE ENRIGHT ................................ Deputy Secretary FULTON COUNTY ROBERT EWING............................... Assistant Secretary DEKALB COUNTY DEBBIE SORRELLS ................................. Journal Clerk GWINNETT COUNTY AGNES DOSTER................................... Enrolling Clerk GWINNETT COUNTY CLARA BASKIN ................................. Bill Status Clerk COBB COUNTY LINDA THOMPSON ............................... Calendar Clerk CLAYTON COUNTY FAYE MOORE ............................ Index/Information Clerk GWINNETT COUNTY FREIDA ELLIS .......................................... Bill Clerk FULTON COUNTY JEFFREY FOLEY ............................ Assistant to Secretary DEKALB COUNTY AMANDA LONG............................. Assistant to Secretary HENRY COUNTY 1316 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, March 21, 1997 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 9:00 A.M. today and was called to order by Senator Starr of the 44th. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County. HB 1017. By Representative Hudgens of the 24th: A bill to amend an Act establishing the board of commissioners of Madison County, so as to eliminate a provision relating to mandatory retirement of county employees. HB 1018. By Representative Ponder of the 160th: A bill to amend an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town. HB 1019. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitorgeneral holding office on the effective date of this Act. HB 1020. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation. HB 1021. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth: A bill to amend an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court. FRIDAY, MARCH 21, 1997 1317 HB 1022. By Representative Floyd of the 138th: A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary. HB 1023. By Representative Floyd of the 138th: A bill to provide a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. HB 1024. By Representative Poag of the 6th: A bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. HB 1025. By Representative Poag of the 6th: A bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. HB 1026. By Representative Murphy of the 18th: A bill to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority. HB 1027. By Representative Sims of the 167th: A bill to amend an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education. HB 1028. By Representatives Bates of the 179th and Ponder of the 160th: A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city. HB 1029. By Representative Lee of the 94th: A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council; to provide for elections and council districts. HB 1030. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to amend an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifications, terms, vacancies, powers, duties, voting and quorum. HB 1031. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the provisions relating to the authority and jurisdiction of the City Manager of the City of Savannah. 1318 JOURNAL OF THE SENATE HB 1032. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others: A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that the chief judge shall be responsible for the supervision of the director of the recorder's court and the director shall report to the chief judge or his or her designee. HB 1034. By Representative Coleman of the 142nd: A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the composition of the governing authority of Dodge County; to provide for a multimember board of commissioners. HB 1035. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide for the option of an in-house county attorney. HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court. HB 1037. By Representatives Holland of the 157th and Hanner of the 159th: A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees. HB 1038. By Representative McCall of the 90th: A bill to change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County. HB 1005. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and others: A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit. SB 232. By Senator Griffin of the 25th: A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to change the compensation provisions relating to the solicitor-general of the State Court of Baldwin County. FRIDAY, MARCH 21, 1997 1319 SB 116. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change provisions relating to designation and use of travel lanes; to provide for the use of certain designated vehicle lanes by motor vehicles propelled with alternative fuel; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles. SB 120. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation to contract, so as to provide for an increase in the amount for which the department may execute a negotiated contract. SB 353. By Senators Starr of the 44th and Glanton of the 34th: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, as amended, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit. The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate: SB 175. By Senators Turner of the 8th, Thompson of the 33rd, Dean of the 31st and others: A bill to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that home equity lines of credit and similar contracts shall not be subject to certain limitations. SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights. SB 209. By Senators Madden of the 47th, Oliver of the 42nd, Walker of the 22nd and others: A bill to amend Article 4 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency services, so as to provide that no insurer, health maintenance organization, or private health benefit plan which has given prospective authorization for certain procedures may subsequently deny payment for the provision of such procedures. 1320 JOURNAL OF THE SENATE The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate: SB 176. By Senators Price of the 56th, Oliver of the 42nd, Johnson of the 1st and others: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to prohibit certain persons from residing at or being domiciled or employed at any place, including, but not limited to, any private residence, day-care center, family day-care home, group-care facility, or group day-care home. SB 165. By Senator Ragan of the llth: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a certain definition; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide that local county boards of health shall have certain duties relating to such systems. SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and others: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions. SB 103. By Senators Tysinger of the 41st, Egan of the 40th, Oliver of the 42nd and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signatures Act"; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 50. By Senators Perdue of the 18th, Dean of the 31st, Walker of the 22nd and others: A resolution creating the Sam Nunn Tribute Commission. The House has agreed to the Senate amendment to the following bill of the House: HB 902. By Representative Hudson of the 120th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the provisions relating to the compensation of the chairperson and other members of the board of county commissioners. FRIDAY, MARCH 21, 1997 1321 The following bills were introduced, read the first time and referred to committees: SB 401. By Senator Ralston of the 51st: A bill to provide a new charter for the Town of Talking Rock; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations. Referred to Committee on State and Local Governmental Operations. SR 366. By Senators Langford of the 29th and Broun of the 46th: A resolution creating the Senate Study Committee on Controlled School Choice. Referred to Committee on Rules. SR 367. By Senator Thomas of the 10th: A resolution creating the Senate Study Committee on Effectiveness and Efficiency in State Government. Referred to Committee on Rules. SR 368. By Senator Brush of the 24th: A resolution recognizing the month of May, 1997, as "Motorcycle Awareness and You Month" in Georgia. Referred to Committee on Transportation. SR 371. By Senators Price of the 56th, Middleton of the 50th and Perdue of the 18th: A resolution creating the Senate Study Committee on Appropriate Medicaid Reform. Referred to Committee on Rules. The following bills were read the first time and referred to committee: HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County. Referred to State and Local Governmental Operations Committee. HB 1017. By Representative Hudgens of the 24th: A bill to amend an Act establishing the board of commissioners of Madison County, so as to eliminate a provision relating to mandatory retirement of county employees. Referred to State and Local Governmental Operations Committee. 1322 JOURNAL OF THE SENATE HB 1018. By Representative Ponder of the 160th: A bill to amend an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town. Referred to State and Local Governmental Operations Committee. HB 1019. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitorgeneral holding office on the effective date of this Act. Referred to State and Local Governmental Operations Committee. HB 1020. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation. Referred to State and Local Governmental Operations Committee. HB 1021. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth: A bill to amend an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court. Referred to State and Local Governmental Operations Committee. HB 1022. By Representative Floyd of the 138th: A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary. Referred to State and Local Governmental Operations Committee. HB 1023. By Representative Floyd of the 138th: A bill to provide a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district. Referred to State and Local Governmental Operations Committee. HB 1024. By Representative Poag of the 6th: A bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. Referred to State and Local Governmental Operations Committee. FRIDAY, MARCH 21, 1997 1323 HB 1025. By Representative Poag of the 6th: A bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. Referred to State and Local Governmental Operations Committee. HB 1026. By Representative Murphy of the 18th: A bill to amend the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority. Referred to State and Local Governmental Operations Committee. HB 1027. By Representative Sims of the 167th: A bill to amend an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education. Referred to State and Local Governmental Operations Committee. HB 1028. By Representatives Bates of the 179th and Ponder of the 160th: A bill to amend an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city. Referred to State and Local Governmental Operations Committee. HB 1029. By Representative Lee of the 94th: A bill to amend an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council; to provide for elections and council districts. Referred to State and Local Governmental Operations Committee. HB 1030. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to amend an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifications, terms, vacancies, powers, duties, voting and quorum. Referred to State and Local Governmental Operations Committee. HB 1031. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to change the provisions relating to the authority and jurisdiction of the City Manager of the City of Savannah. Referred to State and Local Governmental Operations Committee. 1324 JOURNAL OF THE SENATE HB 1032. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th: A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that the chief judge shall be responsible for the supervision of the director of the recorder's court and the director shall report to the chief judge or his or her designee. Referred to State and Local Governmental Operations Committee. HB 1034. By Representative Coleman of the 142nd: A bill to amend an Act creating the office of Commissioner of Dodge County, so as to change the composition of the governing authority of Dodge County; to provide for a multimember board of commissioners. Referred to State and Local Governmental Operations Committee. HB 1035. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and Day of the 153rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to provide for the option of an in-house county attorney. Referred to State and Local Governmental Operations Committee. HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and Day of the 153rd: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court. Referred to State and Local Governmental Operations Committee. HB 1037. By Representatives Holland of the 157th and Hanner of the 159th: A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees. Referred to State and Local Governmental Operations Committee. HB 1038. By Representative McCall of the 90th: A bill to change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County. Referred to State and Local Governmental Operations Committee. HB 1005. By Representatives Bordeaux of the 151st, Mueller of the 152nd, Dixon of the 150th and Pelote of the 149th: A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit. Referred to State and Local Governmental Operations Committee. FRIDAY, MARCH 21, 1997 1325 The following committee reports were read by the Secretary: Mr. President: The Committee on Appropriations has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 204. Do pass by substitute. HR 176. Do pass. HR 21. Do pass. HR 246. Do pass. HR 22. Do pass. HR 43. Do pass. HR 113. Do pass. HR 145. Do pass. HR 168. Do pass. HR 247. Do pass. HR 248. Do pass. HR 296. Do pass as amended. HR 313. Do pass. Respectfully submitted, Senator Hooks of the 14th District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 71. Do pass by substitute. HB 474. Do pass. Respectfully submitted, Senator Henson of the 55th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill and reso- lution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 180. Do pass. HR 362. Do pass by substitute. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 517. Do pass by substitute. HB 803. Do pass. HB 888. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman 1326 JOURNAL OF THE SENATE Mr. President: The Committee on Health and Human Services has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 96. Do pass. HB 600. Do pass by substitute. HB 465. Do pass by substitute. Respectfully submitted, Senator Middleton of the 50th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 914. Do pass by substitute. Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 369. Do pass as amended. HB 183. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 374. Do pass. HB 761. Do pass. HB 1013. Do pass. HB 592. Do pass. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 447. Do pass by substitute. HB 791. Do pass. HB 755. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman FRIDAY, MARCH 21, 1997 1327 Mr. President: The Committee on Reapportionment has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 958. Do pass. Respectfully submitted, Senator Blitch of the 7th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolution of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 249. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider- ation the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 635. Do pass by substitute. Respectfully submitted, Senator Thomas of the 10th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 397. Do pass. HB 948. Do pass. SB 398. Do pass. HB 965. Do pass. HB 627. Do pass. HB 966. Do pass. HB 643. Do pass. HB 967. Do pass. HB 793. Do pass. HB 969. Do pass. HB 879. Do pass. HB 973. Do pass. HB 915. Do pass. HB 975. Do pass. HB 916. Do pass. HB 980. Do pass. HB 917. Do pass. HB 986. Do pass. HB 935. Do pass. HB 989. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman 1328 JOURNAL OF THE SENATE The following bills and resolutions were read the second time: SR 263 HB 71 HB 183 HB 284 HB 349 HB 398 HB 487 HB 528 HB 583 HB 620 HB 663 HB 791 HB 841 HB 914 HR 22 HR 176 HR 287 HR 382 SR 301 HB 96 HB 197 HB 307 HB 369 HB 420 HB 489 HB 533 HB 584 HB 621 HB 695 HB 803 HB 845 HB 958 HR 43 HR 246 HR 288 HR 398 SR 331 HB 104 HB 204 HB 309 HB 374 HB 433 HB 491 HB 543 HB 592 HB 630 HB 708 HB 830 HB 866 HB 963 HR 82 HR 247 HR 296 HR 457 SR 339 HB 112 HB 217 HB 322 HB 377 HB 447 HB 492 HB 558 HB 600 HB 635 HB 745 HB 833 HB 869 HB 1008 HR 113 HR 248 HR 313 HR 492 SR 351 HB 126 HB 233 HB 324 HB 383 HB 465 HB 505 HB 570 HB 604 HB 644 HB 755 HB 834 HB 888 HB 1013 HR 145 HR 249 HR 324 SR 353 HB 180 HB 283 HB 330 HB 387 HB 474 HB 517 HB 574 HB 612 HB 650 HB 761 HB 840 HB 889 HR 21 HR 168 HR 268 HR 362 Senator Price of the 56th moved that Senator Griffin of the 25th be excused. On the motion, the yeas were 29, nays 0, the motion prevailed, and Senator Griffin was excused. Senator Price of the 56th moved that Senator Ray of the 48th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Ray was excused. Senator Huggins of the 53rd moved that Senator Madden of the 47th be excused. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Madden was excused. Senator Walker of the 22nd moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Thomas was excused. Senator Perdue of the 18th asked unanimous consent that the Senate dispense with the morning roll call. On the motion, the yeas were 34, nays 0; the motion prevailed, and the morning roll call was dispensed with. Senator Starr of the 44th, who was presiding, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Harbison of the 15th introduced the chaplain of the day, Reverend Emmett Anniton of Columbus, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 369. By Senator Brush of the 24th: A resolution honoring Robert Waller. SR 372. By Senator Thompson of the 33rd: A resolution commending Life College's Mens Track and Field Team. SR 373. By Senator Brush of the 24th: A resolution commending Denise L. Pennywell. FRIDAY, MARCH 21, 1997 1329 SR 374. By Senator Madden of the 47th: A resolution commending Thomas Wigglesworth. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: Senate Local Consent Calendar Friday, March 21, 1997 THIRTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 397 Boshears, 6th PIERCE COUNTY Amends an Act creating a Board of Commissioners of Pierce County, so as to provide for a vacancy in the office of chairperson. SB 398 Crotts, 17th BUTTS COUNTY Amends an Act entitled "An Act to provide for the election of the Butts County Board of Education," so as to provide for nonpartisan elections of the members of the board of education. HB 627 Huggins, 53rd WALKER COUNTY Creates a board of elections and registration for Walker County and provides for its powers and duties. HB 643 Kemp, 3rd MCINTOSH COUNTY Amends an Act creating the Board of Commissioners of Mclntosh County and amends an Act creating the Board of Education of Mclntosh County, so as to provide for new commissioner districts. HB 793 Thomas, 10th Tysinger, 41st Oliver, 42nd Stokes, 43rd Henson, 55th DEKALB COUNTY Amends an Act providing for the compensation of certain officers and officials of DeKalb County, so as to change the compensation of the tax commissioner. HB 879 Kemp, 3rd MCINTOSH COUNTY Provides that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in Mclntosh County during the four-month nonstaggered registration period from January 1 through April 30 as provided by general law. 1330 JOURNAL OF THE SENATE HB 915 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the Cobb Judicial Circuit so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney. HB 916 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the Cobb Judicial Circuit, so as to provide for appointment of senior assistant district attorneys and their compensation. HB 917 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the Cobb Judicial Circuit so as to change the provisions relative to the number of assistant district attorneys. HB 935 Kemp, 3rd TOWN OF MIDWAY Amends an Act entitled "An Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway. HB 948 Lamutt, 21st Tanksley, 32nd Thompson, 33rd Clay, 37th Abernathy, 38th COBB COUNTY Amends an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County. HB 965 Boshears, 6th CITY OF JESUP Amends an Act creating the City Court of Jesup, so as to change the terms of such court. HB 966 Boshears, 6th CITY OF ODUM An Act to reincorporate and provide a new charter for the City of Odum. FRIDAY, MARCH 21, 1997 1331 HB 967 Turner, 8th CITY OF VALDOSTA Entitle an Act to provide for the creation of one or more community improvement districts in the City of Valdosta. HB 969 Crotts, 17th HENRY COUNTY Amends an Act providing for a new Board of Commissioners of Henry County, so as to change the provisions relating to qualifications of the members and chairperson of such board. HB 973 Crotts, 17th HENRY COUNTY Increases, from $4,000.00 to $15,000.00 over an eight-year period, the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes. HB 975 Crotts, 17th HENRY COUNTY Provides a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over. HB 980 Brush, 24th WILKES COUNTY Amends an Act providing an annual salary for the Wilkes County coroner, so as to allow discretionary employment benefits to be paid to the coroner. HB 986 Hooks, 14th CITY OF BYRON Creates the Byron Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Byron. HB 989 Madden, 47th BANKS COUNTY Provides a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay 1332 JOURNAL OF THE SENATE Crotts Dean Egan Fort Gillis Glanton Guhl Harbison Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Gochenour Griffin (excused) Henson Huggins Scott Starr (presiding) Stokes Walker On the passage of the local bills, the yeas were 48, nays 0. The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed. The President assumed the Chair. The following communication was received by the Secretary: STATE OF GEORGIA Office of the Governor Atlanta 30334-0900 March 21, 1997 Honorable Pierre Howard Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334 Dear Lieutenant Governor Howard and Members of the Senate: I submit to you, as provided by law, the following appointments for confirmation: The Honorable Dotty W. Roach of Fulton County, as Commissioner of the Department of Administrative Services for the term of office beginning June 6, 1996 to serve at the pleasure of the Governor. The Honorable Stephen J. Adams of Gwinnett County, as a member of the State Board of Barbers for the term of office beginning June 17, 1996 and ending July 25, 1998. The Honorable Charles W. Manning, Sr. of Laurens County, as a member of the State Board of Barbers for the term beginning June 17, 1996 and ending June 30, 1998. The Honorable Sherman R. Day of Cobb County, the Honorable Violet Bennett of Wayne County and the Honorable Eddie L. Long of DeKalb County, as members of the Board of Children and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 2000. The Honorable William J. Shellem, Jr. of Muscogee County, as a member of the Board of Children and Youth Services for the term of office beginning May 28, 1996 and ending July 6, 1996. FRIDAY, MARCH 21, 1997 1333 The Honorable John C. Foster of Habersham County and the Honorable Robert L. Brown of DeKalb County, as members of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 2001. The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 1998. The Honorable Charles B. Webster of Richmond County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 1997. The Honorable A.D. Frazier, Jr. of Fulton County, as a member of the Board of Corrections for the term of office beginning March 6, 1997 and ending July 1, 2000. The Honorable Peggy I. Moon of Franklin County, as a member of the State Board of Cosmetology for the term of office beginning May 8, 1996 and ending August 8, 1998. The Honorable Ollie Pendley of Douglas County, as a member of the State Board of Cosmetology for the term of office beginning May 8, 1996 and ending May 1, 1998. The Honorable James Gowen Fendig of Chatham County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 2003. The Honorable Larry S. Walker of Bibb County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 2002. The Honorable Paul W. Byran, Jr. of Thomas County, as a member of the State Forestry Commission for the term of office beginning May 22, 1996 and ending January 1, 1997. The Honorable Terrell Alien of Troup County, the Honorable J. Gregory Jones of Bibb County and the Honorable Hilton Hatchett Howell, Jr. of Fulton County, as members of the Board of Human Resources for the term of office beginning May 17, 1996 and ending April 6, 2002. The Honorable Todd Jarrell of Muscogee County, as a member of the Board of Human Resources for the term of office beginning May 17, 1996 and ending April 6, 2001. The Honorable David C. Garrett, III of DeKalb County and the Honorable Roger Willis of Gwinnett County, as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1998. The Honorable Rick Porter of DeKalb County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1999. The Honorable Jerry Vereen of Colquitt County, the Honorable Arthur M. Gignilliat, Jr. of Chatham County and the Honorable Robert L. Head, Jr. of Union County, as members of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 2001. The Honorable A. Ray Weeks of Gwinnett County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning January 15, 1997 and ending July 1, 1997. The Honorable J. Veronica Biggins of Fulton County and the Honorable Richard Robert Ensley of Bibb County, as members of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning December 30, 1996 and ending December 15, 2001. The Honorable Barbara M. Dooley of Clarke County, as a member of the Board of Directors of the Georgia Lottery Corporation for the term of office beginning June 3, 1996 and ending December 15, 1997. The Honorable Bobby Wayne Hill of Cobb County, as a member of the Composite State Board of Medical Examiners for the term of office beginning May 2, 1996 and ending September 10, 1999. 1334 JOURNAL OF THE SENATE The Honorable William Bell of Clayton County and the Honorable Connell Stafford of Fulton County, as members of the Georgia Music Hall of Fame Authority for the term of office beginning May 17, 1996 and ending January 1, 2000. The Honorable J.D. Caswell of Gwinnett County, the Honorable Walter C. McNeely of Glynn County and the Honorable Thomas W. Wheeler, Jr. of Fulton County, as members of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending January 1, 2004. The Honorable Lamond Godwin of Fulton County and the Honorable William H. Whaley of Fulton County, as members of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 1999. The Honorable Benjamin G. Porter of Bibb County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending January 1, 2003. The Honorable James Reynolds, III of Greene County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 2001. The Honorable Glenn E. Taylor of Fulton County, as a member of the Board of Natural Resources for the term of office beginning January 28, 1997 and ending April 16, 2004. The Honorable Tom Carey of Fulton County, as a member of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1997. The Honorable Bonnie C. Cleland of Chatham County, the Honorable Roy Rucks of Gwinnett County, the Honorable William A. Tomlin of Meriwether County and the Honorable Lillie R. Tripp of Greene County, as members of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1999. The Honorable Louisa Franklin of Towns County, the Honorable Wade W. Herring of Bibb County and the Honorable Janie Hudson of Douglas County, as members of the Nonpublic Postsecondary Education Commission for the term of office beginning January 14, 1997 and ending July 1, 1998. The Honorable Betty Ann Cook of DeKalb County, as a member of State Board of Pardons and Paroles for the term of office beginning January 7, 1997 and ending December 31, 2003. The Honorable Walter S. Ray of Coffee County, as a member of the State Board of Pardons and Paroles for the term of office beginning March 29, 1996 and ending December 31, 1997. The Honorable Claybon J. Edwards of Peach County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2002. The Honorable Anne H. Kaiser of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2000. The Honorable Robert Wagner of DeKalb County, as a member of the State Personnel Board for the term of office beginning January 23, 1997 and ending January 3, 2001. The Honorable Donald Haralson of Crisp County, as a member of the Board of Public Safety for the term of office beginning March 12, 1997 and ending January 20, 2000. The Honorable A.W. Dahlberg of DeKalb County and the Honorable George M.D. Hunt, III of Tift County, as members of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2004. The Honorable Eldridge McMillan of Fulton County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 2003. The Honorable Glenn S. White of Gwinnett County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 7, 1997 and ending January 1, 1998. FRIDAY, MARCH 21, 1997 1335 The Honorable Donna Novak Coles of Cobb County, as a member of the Georgia Student Finance Commission for the term of office beginning May 20, 1996 and ending March 15, 2001. The Honorable Mattie Hicks of Liberty County, as a member of the Georgia Student Finance Commission for the term of office beinning May 20, 1996 and ending March 15, 2002. The Honorable Patsy H. Upchurch of Carroll County, as a member of the Georgia Student Finance Commission for the term of office beginning May 14, 1996 and ending March 15, 2001. The Honorable Thomas Sidney Yow, III of Towns County, as a member of the Georgia Student Finance Commission for the term of office beginning May 14, 1996 and ending March 15, 2002. The Honorable Charles A. Harris of Irwin County, as a member of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000. The Honorable Donald Pope of Bibb County and the Honorable Robert L. Silverman of DeKalb County, as members of the State Board of Technical and Adult Education for the term of office beginning June 6, 1996 and ending June 30, 2000. Sincerely, Isl Zell Miller The following bill was taken up to consider House action thereto: SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th and Bowen of the 13th: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term "criminal offense against a victim who is a minor" to include federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions. The House amendments were as follows: House Amendment #1: Amend SB 105 by striking on line 1 of page 1 the word "To" and inserting in lieu thereof the following: "To provide for legislative findings; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the provisions relating to the penalty for the rape of a person who is less than 12 years of age on the date of the offense and the penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense; to provide for the imposition of the death penalty for such offenses; to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for the imposition of the death penalty for the rape of a person who is less than 12 years of age on the date of the offense and to provide for the imposition of the death penalty for aggravated sodomy of a person who is less than 12 years of age on the date of the offense; to provide for additional aggravating circumstances; to". By inserting immediately following line 29 of page 1 the following: "SECTION 1. The General Assembly of Georgia finds and declares that it is the public policy of this state to protect children from the heinous crimes of rape and aggravated sodomy. While the General Assembly recognizes the decision of the Supreme Court of the United States in the case ofCokerv. Georgia, 433 U.S. 584, 97 S. Ct. 2861, 53 L. Ed. 2d 982 (1977), reversing a 1336 JOURNAL OF THE SENATE sentence of death imposed for the rape of an adult, it is the belief of the General Assembly that the Supreme Court of the United States did not prohibit or express any intention to prohibit the imposition of the death penalty for such crimes against children. In recognition of the serious increase in the incidence of these terrible sexual offenses against children and the devastating results of the offenses, society has an obligation to impose the ultimate penalty for these offenses against children. SECTION 2. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by inserting in Code Section 16-6-1, relating to rape, a new subsection (b.l) to read as follows: '(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of rape of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of rape of a person who is less than 12 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.' SECTION 3. Said chapter is further amended by inserting in Code Section 16-6-2, relating to sodomy and aggravated sodomy, a new subsection (b.l) to read as follows: '(b.l) Notwithstanding the provisions of subsection (b) of this Code section, a person convicted of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall be punished by death, by imprisonment for life, or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of aggravated sodomy of a person who is less than 12 years of age on the date of the offense shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.1 and 17-10-7.' SECTION 4. Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking subsection (b) of Code Section 17-10-30, relating to the procedure for the imposition of the death penalty generally, and inserting in lieu thereof the following: '(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence: (1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony; (2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree; (3) The offender, by his act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person; (4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value; FRIDAY, MARCH 21, 1997 1337 (5) The murder of a judicial officer, former judicial officer, district attorney or solicitorgeneral, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties; (6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person; (7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim; (8) The offense of murder was committed against any peace officer, corrections employee, or fireman while engaged in the performance of his official duties; (9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or (10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or another:; or (11) The offense of rape or aggravated sodomy was committed against a person who was less than 12 years of age on the date of the offense.' ". By redesignating Sections 1 through 3 as Sections 5 through 7. House amendment #2: Amend SB 105 by striking in its entirety line 26 of page 1 and inserting in lieu thereof the following: "the public; to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offenses of child molestation and aggravated child molestation, so as to provide for a distinction between offenses involving and not involving the touching of the child; to provide for increased penalties for offenses involving the touching of the child; to provide for related matters; to provide an". By adding after line 29 of page 8 the following: "SECTION 2. Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to the offenses of child molestation and aggravated child molestation, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-6-4 to read as follows: '16-6-4. (a) A person commits the offense of child molestation in the first degree when he or she does any immoral or indecent act involving the touching of the child to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b) A person convicted of a first offense of child molestation in the first degree shall be punished by imprisonment for not less than seven nor more than 25 years. fa)(c) A person commits the offense of child molestation in the second degree when he or she~cloes any immoral or indecent act not involving the touching of the child to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. fbXd) A person convicted of a first offense of child molestation in the second degree shall be punished by imprisonment for not less than five nor more than 20 years. (e)) Upon such a first conviction of the offense of child molestation in the first or second degree, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for 1338 JOURNAL OF THE SENATE such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation in the first or second degree, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation in the first or second degree, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. fc)(f)) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (dXg) A person convicted of the offense of aggravated child molestation shall be punished by "imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.' " By renumbering existing Sections 2 and 3 as Sections 3 and 4. Senator Taylor of the 12th moved that the Senate disagree to the House amendments to SB 105. On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendments to SB 105. The following bill was taken up to consider House action thereto: SB 273. By Senators Hill of the 4th, Burton of the 5th, Thomas of the 10th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require the presentation of identification by an elector at or prior to the completion of a voter's certificate and prior to admission to the enclosed space at any polling place; to provide what shall constitute proper identification; to provide for an alternative procedure for certification of identification. The House amendments were as follows: House amendment #1: Amend SB 273 as follows: Page 2 line 30 after the period add a new sentence to read: "Such person shall be allowed to vote without undue delay." Page 4 line 9 after the period add a new sentence to read: "Such person shall be allowed to vote without undue delay." House amendment #2: Amend SB 273 by striking lines 18 and 19 of page 2 and inserting in lieu thereof the following: "(11) A certified copy of the elector's birth certificate;". By striking on line 26 of page 2 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath". By striking on line 31 of page 2 the word "affidavit" and inserting in lieu thereof the words "statement under oath". By striking on line 33 of page 2 the word "affidavit" and inserting in lieu thereof the word "statement". FRIDAY, MARCH 21, 1997 1339 By striking lines 34 and 35 of page 3 and inserting in lieu thereof the following: "(11) A certified copy of the elector's birth certificate;". By striking in line 5 of page 4 the words "an affidavit" and inserting in lieu thereof the words "a statement under oath". By striking on line 10 of page 4 the word "affidavit" and inserting in lieu thereof the words "statement under oath". By striking on line 12 of page 4 the word "affidavit" and inserting in lieu thereof the word "statement". House amendment #3: Amend House amendment #4 to SB 273 as follows: Page 1 line 40 and 41 strike "; and the signature or mark of the elector". House amendment #4: Amend SB 273 by adding after line 7 of page 1 the following: "to provide for signatures or marks on absentee ballot applications; to provide for the verification of the signature or mark on the oath of absentee elector with said application; to provide for related matters;". By adding after line 10 of page 1 the following: SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making application for absentee ballot in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; ami the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine 1340 JOURNAL OF THE SENATE residing with or accompanying said member or overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.' SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots in elections and primaries generally, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) The board of registrars shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark orfthe absentee elector's application for absentee ballot for a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope "Rejected," giving the reason therefor. The board of registrars shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and three copies of the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.' " By striking lines 12 and 13 of page 1 and inserting in lieu thereof the following: "Said title is further amended by adding at the end of Part 1 or. By renumbering existing Section 1 as Section 3. By adding after line 33 of page 2 the following: SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3283, relating to making application for absentee ballot in municipal primaries and elections, and inserting in lieu thereof a new subsection (a) to read as follows: '(a) Any absentee elector may make an application either by mail, by facsimile transmission, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an FRIDAY, MARCH 21, 1997 1341 official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughterin-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector; and the signature or mark of the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness.' SECTION 5. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-3-286, relating to safekeeping and certification of absentee ballots received from electors in municipal primaries and elections, and inserting in lieu thereof a new paragraph (1) to read as follows: '(a)(l) The absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, the absentee ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark~on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the elector's oath. Each elector's name so certified shall be listed by the absentee ballot clerk on a numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if his or her signature does not appear to be valid, or if the elector has failed to furnish required information or the information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the absentee ballot clerk shall write across the face of the envelope "Rejected," giving the reason therefor. The absentee ballot clerk shall promptly notify the elector of such rejection; and a special set of numbered lists of voters shall also be prepared for rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors and the numbered list of rejected absentee electors for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for the numbered lists of voters. All absentee ballots received by the absentee ballot clerk after the closing of the polls on the day of the primary or election shall not be certified or counted; shall be kept safely unopened by the clerk for the period of time required for the preservation of ballots used at the primary or election; and they shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election.' " 1342 JOURNAL OF THE SENATE By renumbering existing Sections 2 through 4 as Sections 6 through 8. Senator Hill of the 4th moved that the Senate agree to the House amendments to SB 273. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Blitch Gochenour Henson Price of 56th Ralston Stokes On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 273. SENATE RULES CALENDAR Friday, March 21, 1997 THIRTY-SIXTH LEGISLATIVE DAY HB 587 Drivers' licenses; certain records; amend provisions (Substitute) (AmendmentXPub Saf 18th) Walker 141st HB 294 Corporations; amend provisions (AmendmentsXS Judy 40th) Martin 47th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 20, 1997.) HB 397 Sheriffs; annual training; provisions (Pub Saf 19th) Jenkins 110th HB 19 Elections; municipalities; qualifying period (Ethics 37th) Manning 32nd HB 499 Special paralympic license plates; amend provisions (Trans 33rd) Hanner 159th HB 345 Water supply systems; Class IV operators; education (C Aff 20th) Barfoot 155th HB 500 Alcoholic beverages; counties or municipalities; prohibit certain liquor stores (S Judy 36th) Stanley 50th FRIDAY, MARCH 21, 1997 1343 HB 255 Landlord and tenant; written brokerage agreements (Judy 29th) Barnes 33rd HB 407 Pardons and Paroles, State Board; holding of elective office (Corr 31st) Dobbs 92nd HB 460 State wide Reserve Ratio; amend provisions (I&L 29th) Lane 146th HB 289 Sheriff Offices' Nomenclature Act of 1997; enact (Pub Saf 30th) Twiggs 8th HB 415 Fire Extinguishers; certain firms; license not required (ST&I 37th) Ehrhart 36th HR 271 Douglas County; convey property (Substitute)(F&PU 30th) Snelling 99th HR 272 Taylor County; convey property (F&PU 14th) James 140th HR 401 Fulton County; lease property (F&PU 36th) Orrock 56th HB 622 Department of Children and Youth Services; change name to Department of Juvenile Justice (Corr 45th) Sinkfield 57th HB 445 Nonprofit corporations; hospital authorities; amend provisions (Substitutes)(Amendments)(H&HS 50th) Childers 13th Respectfully submitted, 1st Scott of the 36th, Chairman Senate Rules Committee The following general bills were read the third time and put upon their passage: HB 587. By Representatives Walker of the 141st, Parham of the 122nd, Skipper of the 137th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994. Senate Sponsor: Senator Perdue of the 18th. The Senate Public Safety Committee offered the following substitute to HB 587: A BILL To be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994; to define the term "personal information"; to change the provisions relating to the records of the Department of Public Safety pertaining to applications for driver's licenses and information on licenses; to provide for the information to be included in drivers' records; to provide that certain drivers' records shall not be subject to open records laws; to provide the conditions under which the Department of Public Safety shall furnish a driver's operating record; to provide that nothing in this Act shall preclude the department from confirming or verifying the status of a driver's license or permit; to provide the conditions under which the department may disseminate personal information from a driver's record; to provide for the use of drivers' records and personal information disseminated by the department; to provide for verification that certain information regarding a driver has been released by the department; to provide for penalties; to provide for the maintenance and disclosure of the department's records regarding state identification cards; to provide for rules and regulations; to provide for fees to defray the department's costs of affording access or disseminating information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1344 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding between paragraphs (13) and (14) in Code Section 40-5-1, relating to definitions applicable under said chapter, a new paragraph (13.5) to read as follows: "(13.5) 'Personal information' means any information that identifies a person, including but not limited to an individual's fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than five-digit ZIP code), telephone number, and medical or disability information." SECTION 2. Said chapter is further amended by striking Code Section 40-5-2, relating to records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses, and inserting in lieu thereof a new Code Section 40-5-2 to read as follows: "40-5-2. (a) The Department of Public Safety shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include: (1) A record of The JepaUmuut shall file every application for a license received by it and shall maintain suitable indexes containing: ffi(A) All applications granted; and f2)(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;: (2) Drivers' records received (b) Whenever an application fui a license is ibceived fiuui copy uf such diivei's lecord from such other j ui ibdiction jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and: (3) Records of (c) The Jepaitmenl shall dlsu file all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-554, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in paiagiaphs (1) and (2) of subsection (d) of this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest. (b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, accident reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject FRIDAY, MARCH 21, 1997 1345 to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721. fd)(c)(l) The driver's record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation^ such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a cei tilled absUact of a driver's operating record or personal information from a driver's record under the following circumstances: (A) With (1) In acciudance with the written instructions and consent of the driver upon whom the operating record has been made and compiled; (2)(B) Pursuant to a written request, Co a peisuii who the depai Uiient has leasoii lu believe intends lu uc Lilt: mlui iimliuii 111 tumieuliuii willi tlic unuci willing ui IIIBUI- aiice for use by any insurer or insurance support organization, or by a self-insured entity^or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under pode Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified that the information contained in the record will be used only for nu ullitu puipuse and the purpose specified in the request. Further, the person making the request shall certify that he or sHe has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; ami f$XC)) In accordance with Article 7 of this chapter, the 'Georgia Uniform CommerciaFDriver's License Act.' Act'; J. lie ctuciLi tiut rilia.il iud LIU.C LilllL tu tlii> LJuue OCuLlUll OIlclll UC gUlILy ul a llllEtLIdllUclIlUi . (Uj Ip (t;)(l) rNutwiLliBlciiiuiiig nay ul Llic JJIUVIOIUHD ui ouueCLiuli (u) ul Llns (Juuc sectiuii, tile depai Uiieiit may fumish witlxuut chaige a cupy of auy diiver'b abstract to a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state:; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address^ driver identification number, and medical or disability information; (E) The depai tmuiit may alfeu famish withuul chaige at the wiilleii request uf Pursuant to a request from a public or private school system a copy uf the abstiact of concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information; ~. It shall be unlawful fui' any peisun who receiver an abfetiacl uudei this S U. Uoci; Liun Lu uiBtlusc ui uictlvc ULLy uSt: ClitiJful CAUti^jL ILL ^JKI lui nifciiitt; ul lua jLidiuitil, IfU-ClOl JUUllUlcll, Ui DullUUl ULltlCb. (2) jNutwilliotaiiuiiig an^ piuvioiuns ul auuoecLiun (u) ul Lliia (Juuc scutiun, tlic ue^Jcii t- ny lui nirili witliuut uiicii ge a uu^j^y Oi any ui i vci o iuoti aut tO 3 cuLinty Ol 111- cuucii L uuciiu Ol t:uu^cxtiuii. ft uucii il tn t^uucciLiuii iiict^ ULLLy i ev^Littit tlit; ill i v 1346 JOURNAL OF THE SENATE fciuStr3.(jL OI ctii iliQiviu.U.S.1 Sc^Kni^ ttfli^jlOJ'iiitJilt/ ^ViLli Sucli uOcil'u. Hfcrii sClIOGl uUS u.lnlVtJil Ol" ul an liiuiviuueil ciiipluyeu byisuCil uG&i'CL us &. SCiiOOl UiiS Cu'iVfer Eiilu iii&.y Oiily uS6 riildl iiuStrtt;l< lor l/iit! JjLii'puSt; OI CteLtJi mining wlictliei' ducli nnliv id. U.u.1 ctlici.ll be ui i ciiitiill sCliOOl UU-H uilvei. (F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Authority, and the department shall bear no costs associated with such access; ami (G) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information? (2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver's license or permit tf)(d)(l) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof. (2) In response to a subpoena or upon the request of any aypioyiiale governmental ui judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his the commissioner's duly authorized representative. (e) Upon written request, the department may provide copies of any record or personal information from any driver's record for use by any appropriate governmental official^ entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subsection shall be limited to name, address, driver identification number, and medical or disability information^ (f) The department is specifically authorized to disseminate the following records and information: f^Xl) To TlltJ Uypdi tuieiit itiay , ujjuii ici^ucol, disseminate li um its i ewui ilo CO trie United~States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license numbers, and dates of birth" FRIDAY, MARCH 21, 1997 1347 of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person;. The depaitmeiit is fuiiliei aulhuiized lu piumulgalb mltis, regu- lations, OT puliuieB governing Hit; iiiemis UJ wliit.li out.li miui uieitiuii will Dt? tlio'SeiiiiiiciLetl li till! ITS i tt^til ilo1 CO Lilt: UiilLcil kjtdLcc* UcletLive ociviut; LJ_y otcili cilltl tilt? 2 Xiiiui'inciLiuii vJdiLei ciiitl us lui'tlici auLliui j.ictl tu ulicii gc n let; Lti tlciiciy (2) To the military branches of the United States Department of Defense, Notwithstanding any utliei pruvioiuna uf this Code section, tlie depditmtiiit may, upun lequest nut Lu eXctcu jiiuic Lliciii unue cvci^y twu inuiitiio, piuvitlt: ciuueso tu uitl tlisBeiiiiiiatt: mfoimatiun fium its lecuido, including compilations of the names, dates of birth, sex, and most current addresses of licensees between the ages of 16 and 24 tu the militaiy biamJiub uf UieTJiiited States Depaitment uf Defence for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months;. Any iufor= lllitliuil piuviilttl ^j ui o udii L tu Line ^iai ctgi d^jli rilictll uc iiiiiitcu Lu uiil_y Lilt: iimiit^o, Ucilco Ol Ull til, SCA, clllU lllLloL IjULL 1 CllL tllUl CSBCO OT llUtJUSBCB Ol cl^J^lllUcllll& lul llucllSCO clllU shall only be uisnd by the jiiilitaiy bituiclius uf Uie Uiiitud States Dupailmunl uf Defense in cuimtictiou with the mailiug uf muruitiiig and jub upuuiLunity iiifuimalion. ouCii iiiIOrill&LiOll Siidil iiOL tie lu.rtilei* CtlS8t;iiilI13.tt;u. IO1* ^jCllJjust/S OLlit/i tiio.il tlit; cllS" jrniniiy oeiu ILH./ll Ul 1C,^L UiUlJ.^ ,ClilU JLIU V-*^J^" until iiiauiui.1. A lit; ue^Jtii tiiidit i& tlULHUi" httr liCtl P1 Tegt*atrons- ilcli access lu i1 t!LlM'ds vri ut; cinu 1U.CU. (antl io ther autlluii/ctl able lee lu i L>i rrrr-rn a Jc u rrn+- (fa)(3) To the Department of Human Resources, NutwithslaiiJiug any utluu piuvisiuns 01 tlllS vJOdfe SeCTilOU, tll^ Qt!^&rtlileTll/ Iila.y, UJjOiT lt:C[U.6St, Jji'OVlQe dCCeSci tO 3.iiCl QlSSciUl*1 nate uifuimatiuii fium its iucuidn, including compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses, tu the Dupai'tmenlrof Human Resources. Any information provided pursuant to this subsection hhall be lim- IteO. to uilly t/llt; llililicS, lllOBt Clii*i'(3Ilt ddurcSScS, liCeilSt: ilu.illueilSj ciliu ttclt/tJS ut Dii*l/li Ol licen&eeb ui applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the 'Child Support Recovery Act'; Act.' Such infui matioii shall iiul be fuiUim disseminated fui pui puses uthei than IhlTTecoTr Grj^OI Cllild. riUJipOrc. M/JIG QepSrtlllSllt is ^.LiLliui'lZttu. tO Jiroili dinette TUleS, l"6^U.iSt/1011S, Or pullCleS jjJGVei'iiiHgJ LIlC iliealiS u_y wriiCir &.CCeBt! tu its reCOfuS will be mlui'ueu. anu. 10 lUl'tll^r ilUtilOi'iZtiQ tu Cill.l*^6 EL re3SOllfl.Ol^ Ice tO Qeliiiy its CO8T/S HlCUl*i*6Cl Hi cillui CliH t/u Ol* u.isS^iliiiid.t'iii^1 "ifllOi'iiifltiOii COHLSrnlcu. IIJT Its tr)(4) To Criminal justice ageiiciuii fehall furnish without chaige at Uie wiilUm inquest of a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department:; (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and for the purposes set forth in such Code section; and (6) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code sectionT c^jL tiri uLliei vVioe ^jltiviilcil ill Lliio (Jujc at;iytiuii, Lilt? ilt:^jcii LuieiiL olictll nut iLiiniDli IAJ i BUII *iiity cuin^jilciLiuijicj Ol Llic nctiimo OT ailili canes ul liuciiistJt;c> ur ci^j^rlii*aiilo It/i 1348 JOURNAL OF THE SENATE s ui the names or addresses uf persons involved In motor vehicle accidents to be used fur commemial pui puses, except that the depaitment shall famish such infui luation to ally pei'SOTr, COinptlliiy, U1 untity eliga^eu J~u tilt; gtltiiei'lll^ ui1 QiSSciiniititiOii OITIlewS lOi1 Lilt; ]ju.ljliu Gi1 tu a. jjtji'SOll iiiVOlVtsCl 1H I'eSticli'Cli.lilt; Ctepiii1LiiiciiL is ituVtiiuriZGU, to efeLfctuliBii regulations Vu ililpidlJLtJut I lie reu,Uiit:iil6iitb OI iliiS (Jude Se-CtiOn. (k) Notwithstanding any uther piuvisions uf this Code section, the department may pio- cuiuse uf its business upon the wiitteu leleabe fiuai the Jiivni1 . A rental cai company shall be piuhibited fium disseminating or disclosing any infoimation flum d. Jiivei's upeiating ibcoid Lu any othei peisou ui entity, and any peisun viulaliug Uiin subbeitiuii bliall be guilty ufa uiibdmuuauui. Gucli access shall be provided and fuiided thiuugli the Geoi- ^ictrscL AuLlujiiL^, ciiiu tilt; clc^jcti LiutjiiL olitill ut;tii nu cuoLs cmSuuictLcLl wiLli ctLtuii cicucctk?. The dbjjailmeuL ib aulhuiiznd lu piumulgaUi lules and legulatiuub ut!i;esbaiy to cany out Llie jjiuvisiuiltj ul tills auu&t(..tiuii. (g) The drivers' records and personal information disseminated by the department pursuant to this Code section may be used only by the authorized recipient and only for the authorized purpose. It shall be unlawful to disclose, distribute, or sell such records or information to an unauthorized recipient or for an unauthorized purpose. It shall be a violation of this Code section to make a misrepresentation or false statement in order to obtain access to or information from the department's records. Any person who knowingly and willfully violates the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished as provided in Code Section 17-10-4. (h) The department shall maintain for four years a record of each release of a driver's operating record or personal information, including the name and address of the requesting party, the date of the release, and the provision of law authorizing the release. Such record of releases shall be reported to the affected driver upon written application by the driver, except that the department shall not report any information about the existence oTa release made in connection with a criminal investigation which is ongoing and which involves, though not necessarily focuses upon, such driver. Upon receipt of an application from a driver for such record of releases, the department shall have three business days to determine whether an ongoing criminal investigation is involved, and such determination shall be in the discretion of the commissioner. Where a release is not reported to~a driver because the underlying release involved an ongoing criminal investigation, th~e records concerning the underlying release shall be maintained for four years after the criminal investigation is closed and such records shall during such period after closure of the investigation be subject to disclosure upon application by the driver. (i) The provisions of this Code section shall apply, where relevant, to the maintenance and disclosure of the department's records regarding state identification cards issued under Article 5 of this chapter. (j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information from its records; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00. trXk)) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information." SECTION 3. Said chapter is further amended by adding at the end of Article 5, relating to identification cards for persons without drivers' licenses, a new Code Section 40-5-105 to read as follows: FRIDAY, MARCH 21, 1997 1349 "40-5-105. The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under this article." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Perdue of the 18th offered the following amendment: Amend the committee substitute to HB 587 by striking lines 10 through 12 of page 6 and inserting in lieu thereof the following: "shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates?5! On the adoption of the amendment, the yeas were 38, nays 0, and the Perdue amendment to the committee substitute was adopted. Senator Glanton of the 34th offered the following amendment: Amend the committee substitute to HB 587 by striking on line 4 page 5 after "furnished" through "state" on line 5, adding on line 7 page 5 after "information;" "and driver's record unless a subpoena for the information is received by the department." On the adoption of the amendment, Senator Glanton of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Brown of 26th Brush Burton Clay Fort Glanton Gochenour Griffin Johnson of 2nd Johnson of 1st Kemp Lamutt Price of 56th Ray Roberts Tanksley Thomas of 10th Those voting in the negative were Senators: Bowen Broun of 46th Cagle Crotts Dean Egan Gillis Guhl Harbison Henson Hill Hooks Huggins Land Langford Madden Marable Middleton Perdue Price of 28th Ragan Ralston Scott Starr Streat Taylor Thomas of 54th Turner Tysinger Walker 1350 JOURNAL OF THE SENATE Those not voting were Senators: Abernathy Cheeks James Oliver Stokes Thompson On the adoption of the amendment, the yeas were 20, nays 30, and the Glanton amendment to the committee substitute was lost. On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators James and Stokes. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Broun of the 46th introduced the retiring University of Georgia President, Charles Knapp, commended by SR 160, adopted previously, who addressed the Senate briefly. The following general bill of the House, having been read the third time and final action suspended on March 20, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and Davis of the 60th: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the dividend expressly so provides. FRIDAY, MARCH 21, 1997 1351 The amendment offered by Senator Thompson of the 33rd and adopted on March 20, as it appears in the Journal of March 20, was automatically reconsidered and put upon its adoption. Senators Oliver of the 42nd and Langford of the 29th offered the following amendment: Amend the Thompson amendment to HB 294 by deleting lines 37-39 on page 5 and adding the following: "(b) section 10 of this Act shall become effective on July 1, 1998." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Bowen Broun of 46th Cagle Dean Egan Fort Glanton Gochenour Harbison Hill Kemp Langford Marable Oliver Perdue Price of 28th Price of 56th Ralston Ray Scott Stokes Streat Walker Those voting in the negative were Senators: Brush Burton Cheeks Clay Crotts Gillis Griffin Guhl Hooks Huggins James Johnson of 1st Lamutt Land Madden Middleton Ragan Roberts Starr Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Boshears Brown of 26th Henson Johnson of 2nd On the adoption of the amendment, the yeas were 26, nays 26, and the Oliver amendment to the Thompson amendment was lost. Senator Oliver of the 42nd moved that the Senate reconsider its action in defeating the amendment. On the motion, the yeas were 19, nays 25; the motion was lost, and the amendment was not reconsidered. Senator Price of the 56th offered the following amendment: Amend the Thompson amendment to HB 294 by striking on line 12, page 3 from "to" through "by" on line 15 striking on line 18, page 3 from "which" through "section." on line 33 inserting on line 12, page 3 after apply "only upon" inserting on line 18, page 3 after vote "." On the adoption of the amendment, the yeas were 15, nays 29, and the Price amendment to the Thompson amendment was lost. 1352 JOURNAL OF THE SENATE On the adoption of the Thompson amendment, the yeas were 29, nays 15, and the Thompson amendment to HB 294 was adopted. The amendment offered by Senator Egan of the 40th and adopted on March 20, as it appears in the Journal of March 20, was automatically reconsidered and put upon its adoption. On the adoption of the amendment, the yeas were 40, nays 2, and the Egan amendment to HB 294 was adopted. The report of the committee which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Harbison. Those not voting were Senators: Brown of 26th Henson Johnson of 2nd On the passage of the bill, the yeas were 52, nays I. The bill, having received the requisite constitutional majority, was passed as amended. Senator Oliver of the 42nd gave notice that, at the proper time, she would move that the Senate reconsider its action in passing HB 294. Senator Middleton of the 50th introduced the doctor of the day, Dr. Jeff Culpepper of Dahlonega, Georgia. Senator Perdue of the 18th assumed the Chair. HB 397. By Representatives Jenkins of the 110th, Lee of the 94th, Coleman of the 142nd and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training. Senate Sponsor: Senator Streat of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 21, 1997 1353 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Egan Harbison Henson Hill Johnson of 2nd Perdue (presiding) Price of 28th Tanksley On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Dean of the 31st moved that Senator Gillis of the 20th be excused. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Gillis was excused. HB 19. By Representatives Manning of the 32nd, Parsons of the 40th, Sauder of the 29th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by municipal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Griffin Guhl Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley 1354 JOURNAL OF THE SENATE Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Balfour Bowen Brown of 26th Egan Gillis (excused) Harbison Henson Johnson of 2nd Perdue (presiding) Ragan Taylor On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 176. By Senators Price of the 56th, Oliver of the 42nd, Johnson of the 1st and others: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relating to offenses against public health and morals, so as to prohibit certain persons from residing at or being domiciled or employed at any place, including, but not limited to, any private residence, day-care center, family day-care home, group-care facility, or group day-care home. The House amendment was as follows: Amend SB 176 by striking lines 8 through 15 of page 3 and inserting in lieu thereof the following: "No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.'" Senator Price of the 56th moved that the Senate agree to the House amendment to SB 176. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger FRIDAY, MARCH 21, 1997 1355 Those not voting were Senators: Abernathy Bowen Brown of 26th Gillis (excused) Harbison Henson Johnson of 2nd Madden Perdue (presiding) Ragan Starr Taylor Walker On the motion, the yeas were 43, nays 0, and the Senate agreed to the House amendment to SB 176. The following resolution was taken up to consider House action thereto: SR 236. By Senators Thompson of the 33rd and Clay of the 37th: A resolution recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor. The House amendment was as follows: Amend SR 236 by adding a new sentence between lines 31 and 32 to read, "this designation shall honor Mr. Willingham but not rename the 1-20 Loop." and by striking on line 30 of page (1) the words, Powder Springs, and adding the word Atlanta. Senator Thompson of the 33rd moved that the Senate agree to the House amendment to SR 236. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Bowen Brown of 26th Cagle Gillis (excused) Henson Johnson of 2nd Madden Perdue (presiding) Ragan Roberts Taylor Walker On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 236. The Calendar was resumed. Senator Thomas of the 10th assumed the Chair. 1356 JOURNAL OF THE SENATE HB 499. By Representatives Hanner of the 159th, Coleman of the 142nd, Parrish of the 144th and others: A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates, to provide for issuance of special license plates honoring and supporting disabled athletes. Senate Sponsor: Senator Thompson of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brown of 26th Gillis (excused) Henson Johnson of 2nd Oliver Perdue Thomas of 10th (presiding) Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 345. By Representatives Barfoot of the 155th, Mosley of the 171st, Hanner of the 159th and Bates of the 179th: A bill to amend Code Section 43-51-6.1 of the Official Code of Georgia Annotated, relating to the establishment of a Class IV classification of water system operators, so as to provide that no person being licensed prior to July 1, 2000, shall be required to possess a high school diploma or its equivalent. Senate Sponsor: Senator Streat of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle FRIDAY, MARCH 21, 1997 1357 Cheeks Clay Crotts Dean Egan Fort Glanton Gochenour Griffin Guhl Harbison Hill Hooks Hugging James Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Abernathy Gillis (excused) Henson Johnson of 2nd Johnson of 1st Oliver Perdue Thomas of 10th (presiding) Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 500. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th and others: A bill to amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no municipality shall permit the location of certain retail liquor stores within 500 feet of another such store. Senate Sponsor: Senator Scott of the 36th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Turner Tysinger Those not voting were Senators: Abernathy Balfour Blitch Egan Fort Gillis (excused) Henson Johnson of 2nd Oliver 1358 JOURNAL OF THE SENATE Ragan Tanksley Thomas of 10th (presiding) Thompson Walker On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 255. By Representative Barnes of the 33rd: A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to the landlord-tenant relationship, so as to provide for the effect of written real estate brokerage agreements and the construction thereof; to provide for the nature and scope of written brokerage agreements incorporated into leases. Senate Sponsor: Senator Langford of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Brown of 26th Egan Fort Gillis (excused) Henson James Johnson of 2nd Thomas of 10th (presiding) On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 107. By Senators Walker of the 22nd, Middleton of the 50th, Marable of the 52nd and others: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the practice of medicine in this state by physicians located in other states and foreign countries and provide for conditions and limitations relating thereto; to provide for legislative construction; to provide for patient rights. FRIDAY, MARCH 21, 1997 1359 The House substitute was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated relating to physicians, so as to change the provisions relating to physicians of other states and foreign countries entering this state for consultation; to provide for licensure of such physicians; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Code Section 43-34-31.1, immediately following Code Section 43-34-31, to read as follows: "43-34-31.1. (a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic or other means of telecommunication through which medical information or data is transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state. (b) This Code section shall not apply to: (1) The acts of a doctor of medicine or doctor of osteopathy located in another state or foreign country who: (A) Provides consultation services at the request of a physician licensed in this state; and (B) Provides such services on an occasional rather than on a regular or routine basis; (2) The acts of a physician or osteopath licensed in another state or foreign country who: (A) Provides consultation services in the case of an emergency; (B) Provides consultation services without compensation, remuneration, or other expectation thereof; or (C) Provides consultation services to a medical school which is located within this state and approved by the board; or (3) The acts of a physician or osteopath located in another state or foreign country when invited as a guest of any medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath is licensed to practice medicine or osteopathy in the state or foreign country in which he or she is located. (c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such 1360 JOURNAL OF THE SENATE physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained." SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 107. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Fort Gillis (excused) Henson James Johnson of 2nd Streat Thomas of 10th (presiding) On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 107. The Calendar was resumed. HB 407. By Representatives Dobbs of the 92nd, Barfoot of the 155th, Greene of the 158th and others: A bill to amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to pardons and paroles, so as to provide that members of the State Board of Pardons and Paroles and their employees may hold certain elective or appointive office. Senator Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 21, 1997 1361 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gochenour Griffin Guhl Harbison Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Turner Tysinger Voting in the negative was Senator Glanton. Those not voting were Senators: Brown of 26th Fort Gillis (excused) Henson Hill James Johnson of 2nd Perdue Thomas of 10th (presiding) Thompson Walker On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Perdue of the 18th assumed the Chair. HB 460. By Representatives Lane of the 146th and Golden of the 177th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the provisions relating to the State-wide Reserve Ratio. Senate Sponsor: Senator Langford of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley 1362 JOURNAL OF THE SENATE Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brown of 26th Fort Gillis (excused) Henson James Johnson of 2nd Perdue (presiding) Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Guhl of the 45th moved that Senator Stokes of the 43rd be excused. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Stokes was excused. HB 289. By Representative Twiggs of the 8th: A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff office's nomenclature or symbols; to provide a statement of public policy; to provide a short title. Senate Sponsor: Senator Roberts of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Glanton Griffin Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thompson Tysinger Those not voting were Senators: Brown of 26th Brush Gillis Gochenour Henson James Johnson of 2nd Middleton Perdue (presiding) Starr Stokes (excused) Thomas of 10th Turner Walker On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 415. By Representatives Ehrhart of the 36th, Westmoreland of the 104th, Powell of the 23rd and Jones of the 71st: A bill to amend Chapter 12 of Title 25 of the Official Code of Georgia Annotated, so as to provide that no license shall be required for firms which engage only in installing, inspecting, recharging, repairing, servicing, or testing of portable fire FRIDAY, MARCH 21, 1997 1363 extinguishers or fire suppression systems owned by the firm and installed on property under the control of said firm. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Clay Crotts Dean Egan Fort Glanton Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Brush Cheeks Gillis Gochenour Griffin Henson James Johnson of 2nd Perdue (presiding) Starr Stokes (excused) Thomas of 10th On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 271. By Representatives Snelling of the 99th and Worthan of the 98th: A resolution authorizing the conveyance of certain state owned real property located in Douglas County. Senate Sponsor: Senator Roberts of the 30th. The Senate Finance and Public Utilities Committee offered the following substitute to HR 271: A RESOLUTION Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Clinch County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Douglas County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in original land lot 98 of the 2nd district, 5th section of Douglas County, Georgia, and being two acres in the northwest corner of the tract described in deed from C.F. McGouirk to L.A. Moody and J.C. Moody, dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records. Said two acres described as follows: Being a strip 200 feet wide on the west side 1364 JOURNAL OF THE SENATE of the above-described tract and running easterly at equal width a distance of 435.6 feet, bounded as follows: on the north and west by lands of H.L. York estate; on the south and east by lands of J.C. Moody; (3)Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00; (4) Said property is under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit; (5) The Georgia Forestry Commission is consolidating its functions throughout the state; (6) Douglas County has agreed to accept the responsibility of fire suppression in Douglas County; (7) Douglas County is desirous of obtaining the subject property in order to provide said services; and (8) By resolution dated February 13, 1996, the Georgia Forestry Commission declared the subject property surplus to its need; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clinch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 451 of the 7th District of Clinch County containing approximately .059 of one acre as shown on a plat of survey prepared by H. S. Williams, Jr., dated December 5, 1979, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The City of Homerville, Clinch County, conveyed the above-described property to the state on December 21, 1981; (4) Said property is under the custody of the Georgia Forestry Commission and is utilized for storage; (5) The Georgia Forestry Commission is consolidating its functions throughout the state; (6) The City of Homerville, Clinch County, is desirous of obtaining the subject property for use of the county emergency management department; and (7) By resolution dated June 24, 1996, the Georgia Forestry Commission declared the subject property surplus to its need. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property in Douglas County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the above-described real property in Douglas County, Georgia, shall be conveyed by appropriate instrument to the Douglas County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. FRIDAY, MARCH 21, 1997 1365 SECTION 3. That the authorization in this resolution to convey the above-described property to the Douglas County Board of Commissioners shall expire three years after the date that this resolution becomes effective. SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II SECTION 6. That the State of Georgia is the owner of the above-described real property in Clinch County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 7. That the above-described real property shall be conveyed by appropriate instrument to the City of Homerville, Clinch County, by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, so long as the property is used for public purposes, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 8. That, if the City of Homerville, Clinch County, determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. SECTION 9. That the authorization in this resolution to convey the above-described property to the City of Homerville, Clinch County, shall expire three years after the date that this resolution becomes effective. SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. 1366 JOURNAL OF THE SENATE ARTICLE III SECTION 12. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Fort Glanton Gochenour Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brown of 26th Brush Egan Gillis Griffin Henson James Johnson of 2nd Perdue (presiding) Stokes (excused) Walker On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. HR 272. By Representative James of the 140th: A resolution authorizing the conveyance of certain state owned real property located in Taylor County. Senate Sponsor: Senator Hooks of the 14th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Burton Cagle Cheeks Clay Crotts Dean Glanton Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp FRIDAY, MARCH 21, 1997 1367 Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brown of 26th Brush Egan Fort Gillis Gochenour Griffin James Johnson of 2nd Perdue (presiding) Stokes (excused) Walker On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 401. By Representative Orrock of the 56th: A resolution authorizing the leasing of certain real property owned by the State of Georgia in Fulton County. Senate Sponsor: Senator Scott of the 36th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Dean Fort Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Bowen Brown of 26th Crotts Egan Gillis Griffin Johnson of 2nd Perdue (presiding) Stokes (excused) On the adoption of the resolution, the yeas were 47, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 1368 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 165. By Senator Ragan of the llth: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a certain definition; to provide that the Department of Human Resources shall adopt state-wide regulations relating to on-site sewage management systems; to provide that local county boards of health shall have certain duties relating to such systems. The House amendments were as follows: Coleman House Amendment #1: Amend SB 165 as follows: By inserting after line 32 of page 4 immediately after the word "systems." The following: (c) Nothing in this Code section or in Code section 31-3-5.1 shall limit the power of a county or municipal governing authority to exercise its zoning powers or to establish minimum lot sizes larger than the minimum lot sizes specified pursuant to subsection (b) of this code section." Evans House amendment #2: Amend SB 165 by adding at the end of line 9 on page 1 the following: "to provide that if an on-site sewage management system is located on the site where the installer, contractor, or builder was directed to locate it by the local health official and is properly installed pursuant to the requirements or directions of the permit and appropriate state regulations, neither the person installing the on-site sewage management system, nor the contractor, nor the builder shall be liable for any problems or damages associated with the location or installation of the on-site sewage management system; to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to provide that if a water well is located on the site where the water well contractor, contractor, or builder was directed to locate it and is properly drilled and equipment is installed pursuant to the requirements and directions of the permit and appropriate state regulations issued for the drilling of such water well, neither the water well contractor, nor the contractor or builder in instances where a building is being constructed in conjunction with the drilling of a water well, shall be liable for any problems or damages associated with the location of the water well;". By adding on line 12 of page 3 between the word "conditions" and the period the following: "; provided, further, that any experimental system must be a minimum of 100 percent of a conventional system". By renumbering Sections 4 and 5 on page 6 as Sections 6 and 7, respectively, and adding between lines 2 and 3 on page 6 the following: "SECTION 4. Said title is further amended by adding between Code Sections 31-3-5.1 and 31-3-6 a new Code Section 31-3-5.2 to read as follows: '31-3-5.2. If an on-site sewage management system is located on the site where the installer, contractor, or builder was directed to locate it by the local health official and is properly installed pursuant to the requirements or directions of the permit and appropriate state regulations, neither the person installing the on-site sewage management system, nor the contractor, nor the builder shall be liable for any problems or damages associated with the location or installation of the on-site sewage management system.' FRIDAY, MARCH 21, 1997 1369 SECTION 5. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by adding between Code Sections 12-5-136 and 125-137 a new Code Section 12-5-136.1 to read as follows: '12-5-136.1. If a water well is located on the site where the water well contractor, contractor, or builder was directed to locate it and is properly drilled and equipment is installed pursuant to the requirements and directions of the permit and appropriate state regulations issued for the drilling of such water well, neither the water well contractor, nor the contractor or builder in instances where a building is being constructed in conjunction with the drilling of a water well, shall be liable for any problems or damages associated with the location of the water well.' " Senator Ragan of the llth moved that the Senate agree to the Coleman House amendment #1 and agree to the Evans House amendment #2 as amended by the following amendment: Amend the Evans House amendment #2 to SB 165 by striking in their entirety lines 3 through 38 on page 1 and lines 1 through 28 on page 2 and inserting in lieu thereof the following: "Amend SB 165 by striking lines 18 and 19 of page 3 and inserting in lieu thereof the following: 'authuiued by law. Upon written request of three one-half or more of the health districts in the state, the department is authorized to require'". On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Clay Crotts Dean Fort Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Bowen Brown of 26th Cagle Egan Gillis Johnson of 2nd Perdue (presiding) Stokes (excused) Those voting in the negative were Senators: Glanton Land Ray On the motion, the yeas were 45, nays 3, the motion prevailed, and the Senate agreed to the Coleman House amendment #1 and agreed to the Evans House amendment #2 to SB 165 as amended by the Senate. The Calendar was resumed. 1370 JOURNAL OF THE SENATE HB 622. By Representatives Sinkfield of the 57th, McKinney of the 51st and O'Neal of the 75th: A bill to amend the Official Code of Georgia Annotated, so as to change the name of the Department of Children and Youth Services to the Department of Juvenile Justice. Senate Sponsor: Senator Guhl of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Tysinger Walker Voting in the negative was Senator Glanton. Those not voting were Senators: Bowen Brown of 26th Egan Gillis James Johnson of 2nd Perdue (presiding) Stokes (excused) Turner On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority. Senate Sponsor: Senator Middleton of the 50th. The Senate Health and Human Services Committee offered the following substitute to HB 445: A BILL To be entitled an Act to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority and provide for the applicability of certain conflicts of interest restrictions and reporting and disclosure requirements; to FRIDAY, MARCH 21, 1997 1371 amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," so as to provide a system for the disclosure and handling of certain conflicts of interest; to provide for certain disclosures and prohibit the transaction of certain business; to provide for consequences when actions are taken which comply with or violate these prohibitions; to provide for conflicts and stricter rules; to provide for an oath of office for authority members; to provide for additional information concerning indigent and charity care and annual reports; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, is amended by adding at the end a new Code section to read as follows: "14-3-305. (a) As used in this Code section, the term 'nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority. (b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section. (c) A director of a nonprofit shall be subject to the provisions of Code Section 31-7-74.1 with respect to conflicts of interest regarding such nonprofit and the hospital authority which formed, created, or operates such nonprofit, and Code Section 31-7-74.1 shall be deemed to apply to such nonprofit and such hospital authority only for such purpose. (d) A nonprofit shall be subject to the provisions of Code Section 31-7-90.1 with respect to reporting community benefits provided by such nonprofit and with respect to annual reports by such nonprofit disclosing certain transactions with the nonprofit or with the hospital authority which formed, created, or operates the nonprofit and Code Section 317-90.1 shall be deemed to apply to both that nonprofit and that hospital authority only for such purposes. (e) Nothing in this Code section shall be deemed or construed to affect in any manner the provisions of Code Section 31-7-75.2, Chapter 14 of Title 50, or Article 4 of Chapter 18 of Title 50 or to change existing law as to whether such statutory provisions are applicable to nonprofits." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by striking Code Section 31-7-74, relating to residency qualifications of authority members, and inserting in its place the following: "31-7-74. members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as cliaiuuaii chair and another as vice chaiiman vice chair and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reimbursed for such expenses 1372 JOURNAL OF THE SENATE on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper. (b) The piovibiuiiH uf Oude 3ecliun 45-10-23 and aivy other Code section shall be deumed to have been cumplied with and an authuuly may puicliase fium, sell lu, bunuw fium, iiVUl tOy^SOiH;! cR;t Withy Oi* G-therWiciti deal With aiiy Hltuliber Oi* any Oi'^aillZcttiuii 01 ptu'SGll witik AvAiicti SQiy niciiibtJi' oi &ii au.Lliui*ity is in any way liitei'cstcd ui involved, provided illicit; \i) \iLy inLcicoL LI mvoivemeni u'y BU.L.II liieiiiuc;i ia uiotluocu 111 aovaiice lu me arrniui111 the miiiuUjis ul Llie tiuLlnmty; (2) Nu iiibuibei 'lia Vlil^ t itial BU-UBbCll mteiHst iJi invulvciiieiit inay be piesent at Chat pu lull u an auu uiii/y uieeLing liming which y maui. i IB tu luutu involving mi.y nuuli uig slidll ut) Ucistiu upon tii^ products ftlliuticyj costy u.i&u.ic3.l utiCcssiLy, &ocl HiilfeL^. td) (c) The provisions of this Code section shall be construed in conformity with Code Section 49-4-157.'" By renumbering Sections 4 and 5 as Sections 7 and 8, respectively. Senator Taylor requested a ruling by the Chair as to the germaneness of the Boshears, et al. amendment. The President ruled the amendment not germane. Senators Crotts of the 17th and Land of the 16th offered the following amendment: Amend the Senate Committee substitute to amend HB 377 by striking lines 1 and 2 of page 1 and inserting in their place the following: "To amend Article". By adding immediately following "provide" on line 5 of page 1 the following: "that the Department of Medical Assistance may bar a provider which is not a natural person from participating in such Act if such provider or certain agents or employees have been convicted of violating such Act; to provide an exception; to provide that the department shall bar a provider who is a natural person under the same conditions; to enact the 'Medicaid Fraud Forfeiture Act of 1997'; to provide a statement of findings and intent; to provide". By striking lines 2 and 3 of page 2 and inserting in their place the following: "SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the 'Georgia Medical Assistance Act of 1977,' is amended by striking subsections (f) and (g) of Code Section 49-4-146.1, relating to unlawful acts regarding medical assistance, and in serting in their respective places the following: '(f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or ter minate the participation of any provider other than a natural person if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been convicted of: (1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XK, or XX of the Social Security Act of 1935, as amended. 1410 JOURNAL OF THE SENATE In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and sever ity of the crime and extent to which it adversely affected beneficiaries and the program involved. (g) The department shall refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or ter minate the participation of any provider who is a natural person if that provider or any agent or managing employee of such provider has been convicted of: (1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended. tg) (h) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) or (g) of this Code section if the conviction upon which the termination was based is reversed or vacated.' SECTION 1.1 Sections 2 and 3 of this Act shall be known and may be cited as the 'Medicaid". On the adoption of the amendment, the yeas were 40, nays 0, and the Crotts, Land amendment to the committee substitute was adopted. Senator Price of the 56th offered the following amendment: Amend the committee substitute to HB 377 by striking on page 3, line 39 after . "This Code. . ." through page 4, line 2 "... benefits." On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Brush Burton Cagle Egan Glanton Gochenour Huggins Johnson of 1st Lamutt Price of 28th Price of 56th Ralston Ray Roberts Tanksley Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Blitch Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Fort Gillis Griffin Guhl Harbison Henson Hill Hooks James Kemp Langford Madden Marable Middleton Oliver Perdue Ragan Scott Starr Stokes Streat Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators Johnson of 2nd (excused) and Land. On the adoption of the amendment, the yeas were 19, nays 35, and the Price amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted as amended. MONDAY, MARCH 24, 1997 1411 The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Not voting was Senator Johnson of 2nd (excused). On the passage of the bill, the yeas were 55, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Taylor of the 12th moved that HB 377 be immediately transmitted to the ' House. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 377 was imme diately transmitted. The following bill was taken up to consider House action thereto: SB 103. By Senators Tysinger of the 41st, Egan of the 40th, Oliver of the 42nd and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the "Georgia Electronic Records and Signa tures Act"; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage. The House amendment was as follows: Amend SB 103 by inserting following the word and symbol "usage;" on line 7 of page 1 the following: "to provide for recovery by a person whose electronic signature is used in an unauthor ized fashion; to provide for a definition;". By deleting the quotation mark at the end of line 32 of page 2 and by inserting between lines 32 and 33 of page 2 the following: "10-12-5. A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such unauthorized 1412 JOURNAL OF THE SENATE use, provided that the use of such electronic signature in an unauthorized fashion was negligent, reckless, or intentional: (1) Actual damages; (2) Equitable relief, including, but not limited to, an injunction or restitution of money or property; (3) Punitive damages under the circumstances set forth in Code Section 51-12-5.1; (4) Reasonable attorney's fees and expenses; and (5) Any other relief which the court deems proper. As used in this Code section the term 'person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.'". Senator Tysinger of the 41st moved that the Senate agree to the House amendment to SB 103. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Stokes Streat Tanksley ' Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Crotts Johnson of 2nd (excused) Ragan Starr On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment. The Calendar was resumed. HR 457. By Representatives Smith of the 169th, Byrd of the 170th, Coleman of the 142nd and others: A resolution directing the Department of Human Resources to expend certain appropriated funds for certain purposes. Senate Sponsor: Senator Perdue of the 18th. MONDAY, MARCH 24, 1997 1413 The Senate Health and Human Services Committee offered the following substitute to HR 457: A RESOLUTION Directing the Department of Human Resources to expend funds appropriated to the depart ment for state fiscal year 1998 for the purpose of teen pregnancy prevention on programs emphasizing abstinence from sexual intercourse; and for other purposes. WHEREAS, the problem of teen pregnancy in this state has reached epidemic proportion and it is incumbent upon this body to take appropriate measures to alleviate this situation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that funds appropriated to the Department of Human Resources for state fiscal year 1998 for the purpose of teen pregnancy prevention shall ensure a primary emphasis on absti nence education which: (1) Has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity; (2) Teaches abstinence from sexual activity outside marriage as the expected standard for all school age children; (3) Teaches that abstinence from sexual activity is the only certain way to avoid out-ofwedlock pregnancy, sexually transmitted diseases, and other associated health problems; (4) Teaches that a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity; (5) Teaches that sexual activity outside of the context of marriage could have harmful psychological and physical effects; (6) Teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society; (7) Teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and (8) Teaches the importance of attaining self-sufficiency before engaging in sexual activity. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Board of Human Resources and commissioner of human resources. Senator Thomas of the 10th offered the following amendment: Amend the committee substitute to HR 457 by deleting on line 13 after shall "ensure a primary emphasis on" and insert include before abstinence. Delete on line 15, pg 1 (1) "Has as its exclusive purpose," delete teaching and insert the word "teaches" Delete lines 21-30 on page 1 On the adoption of the amendment, Senator Thomas of the 10th called for the yeas and nays. The call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Brown of 26th Fort Griffin Harbison James Oliver Scott Stokes Thomas of 10th 1414 JOURNAL OF THE SENATE Those voting in the negative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those not voting were Senators: Henson Johnson of 2nd (excused) Walker On the adoption of the amendment, the yeas were 9, nays 44, and the Thomas amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 30, nays 5, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: / Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators: Brown of 26th Fort Griffin Harbison James Oliver Scott Stokes Thomas of 10th Those not voting were Senators: Henson Johnson of 2nd (excused) Walker On the adoption of the resolution, the yeas were 44, nays 9. MONDAY, MARCH 24, 1997 1415 The resolution, having received the requisite constitutional majority, was adopted by substitute. The following bill was taken up to consider House action thereto: HB 205. By Representatives Powell of the 23rd, Parham of the 122nd, Walker of the 141st and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to define certain terms; to provide that license plates and revalidation decals shall be issued to vehicle owners instead of as signed to vehicles. The House amendment was as follows: Amend the Senate substitute to HB 205 by striking line 24 of page 1 and inserting in lieu thereof the following: "license plates; to change certain provisions relating to issuance and replacement of cer tificates of registration; to change certain provisions relating to permanent registration and license plates for certain trailers; to change certain provisions relating to special license plates for leased or rented trailers; to amend Title 48 of the Official Code of. By inserting between lines 11 and 12 of page 13 the following: "SECTION 11A. Said title is further amended by striking Code Section 40-2-32, relating to issuance and replacement of certificates of registration, and inserting in its place the following: "40-2-43. Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registra tion for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commis sioner, upon receipt of an application and a fee of 56tf $1.00, shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registra tion, the county tag agent may issue the duplicate registration certificate and may retain the application fee as compensation for issuing such duplicate certificate of registration.'". By inserting between lines 27 and 28 of page 13 the following: "SECTION 12A. Said title is further amended by striking Code Section 40-2-47, relating to permanent regis tration and license plates for certain trailers, and inserting in its place the following: '40-2-47. (a) Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer including any leased or rented trailer and including single pole and twin-beam trailers and other trailers used in commercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire, a private carrier, or a motor carrier of property shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one-time fee specified in Code Section 48-10-2 and compliance with the provisions of this Code section; provided, however, that boat trailers, utility trailers, and noncommercial cattle and livestock trailers shall not qualify for such permanent regis tration and license plate. The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the 1416 JOURNAL OF THE SENATE owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer during the period of December 1 to February 15. (b) As used in this Code section, the term "leased or rented trailer" means any utility trailer that is owned by and leased or rented out by a person, firm, or corporation in the business of leasing or renting out such trailers.'". By inserting after line 38 of page 20 the following: "SECTION 26A. Said title is further amended by striking Code Section 40-2-79, relating to special license plates for leased or rented trailers, and inserting in its place the following: '40-2-79. Vet) As Usetl ill tins vJudc cttjtLiOH, tile ttirilT ti*illlt;i nieciiid friiy HiiiliLy tJl'ill6T~ tlictt IS OwiicCl Jj_y ciiiu Itsaseu Oi relYtcU. ullL L)_y ci |jt;iouilj lniii, OF COi'pOidLiuii ni bile UuSiil&Ss ul ic&Snig ur \{j) 1.116 COiliIillSbiOilcl IS 3.U.triuiilieQ tu iSriLlti ciii clim uitl SJjtjCicil llCtJiiSt; 1-iltil/t; lur Lictilcis. t,C} Aii_y Li'tilife! "OWUfiVj UpOll COiilpl^ 111 Wltli Lllc ll\vS i'elfl.tlli^ tO lnejSti*ktlOH tiliu llC6ilSiii^ iiiiu. Upon l/lle pa^ilifellt Ol 3. tpo.UU I^c, StlS.ll u6 1SSU.6U y.lliiu.tillj' tlit: HjiiiClfl.! liCcilSfe jjlSt/6 authorized by this Code sectiuii. Reserved.'". By striking lines 26 through 30 of page 28 and inserting in lieu thereof the following: "to taxation as provided in this Code section.'". Senator Thompson of the 33rd moved that the Senate agree to the House amendment to the Senate substitute to HB 205. , On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative were Senators Blitch and Price of 56th. Those not voting were Senators: Abernathy Gochenour Johnson of 2nd (excused) Walker MONDAY, MARCH 24, 1997 1417 On the motion, the yeas were 50, nays 2, and the Senate agreed to the House amend ment to the Senate substitute to HB 205. The following bill was taken up to consider House action thereto: HB 97. By Representative Williams of the 114th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to fees and charges gener ally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to qualifications for license applicants. Senator Brush of the 24th moved that the Senate adhere to its substitute to HB 97 and that a Conference Committee be appointed. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 97. The President stated he would announce the conferees at a later time. At 12:13 P.M., the President announced that the Senate would stand in recess until 1:30 P.M. The President called the Senate to order at 1:30 P.M. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1044. By Representative Dukes of the 161st: A bill to amend an Act creating a charter for the City of Newton, so as to provide for the election and terms of the members of the city council. HB 1046. By Representative Scott of the 165th: A bill to amend an Act entitled "An Act to provide a new charter for the City of Tifton," or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such Act becomes law, so as to change the corporate limits of the City of Tifton. HB 1048. By Representative Scott of the 165th: A bill to provide a new charter for the City of Tifton. HB 1051. By Representative Jamieson of the 22nd: A bill to amend an Act creating the Banks County board of commissioners, so as to change the compensation of the chairman and other members of the board of commissioners. HB 1052. By Representative Martin of the 145th: A bill to provide for the membership of the Jenkins County Development Au thority. 1418 JOURNAL OF THE SENATE HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah. SB 339. By Senator Crotts of the 17th: A bill to amend an Act entitled "An Act to fix the compensation of the members of the Board of Education of Henry County," as amended, so as to change the compensation of such members. SB 354. By Senator Starr of the 44th: A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the provisions relating to the compensation of the chairman. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 392. By Senator Ralston of the 51st: A bill to amend an Act entitled "An Act to create a board of commissioners of Gilmer County" so as to change the dates of the regular meetings of said board of commissioners. The Calendar was resumed. HB 206. By Representatives Martin of the 47th, Coleman of the 142nd, Baker of the 70th and others: A bill to amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as "The Economic Rehabilitation Act of 1975," so as to change the pur poses of said chapter; to change the definition of a certain term; to change cer tain provisions relating to the duties of the director; to provide that moneys ap propriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Serv ices Block Grant. Senate Sponsor: Senator Oliver of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan MONDAY, MARCH 24, 1997 1419 Ralston Ray Roberts Scott Starr Stokes Streat Thomas of 54th Thompson Turner Tysinger Voting in the negative were Senators Cagle and Tanksley. Those not voting were Senators: Abernathy Bowen Hooks Johnson of 2nd (excused) Taylor Thomas of 10th Walker On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 174. By Representatives Powell of the 23rd, McCall of the 90th and Coleman of the 80th: A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions of terms for purposes of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the definition of used motor vehicle dealer and used car dealer. Senate Sponsor: Senator Streat of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Bowen Glanton Johnson of 2nd (excused) Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 1420 JOURNAL OF THE SENATE HB 349. By Representatives Baker of the 70th, Barnes of the 33rd, Martin of the 47th and others: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership. Senate Sponsor: Senator Land of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger ' Those not voting were Senators: Bowen Clay Griffin Johnson of 2nd (excused) Langford Oliver Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 71. By Representative Murphy of the 18th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objec tion to such calls to the Georgia Public Service Commission. Senate Sponsor: Senator Henson of the 55th. The Senate Consumer Affairs Committee offered the following substitute to HB 71: A BILL To be entitled an Act to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service, so as to provide for legislative findings and intent; to define certain terms; to prohibit certain unsolicited telephone calls to resi dential subscribers who have given notice of their objection to such calls to the Georgia Public Service Commission; to establish a data base to collect such objections and provide MONDAY, MARCH 24, 1997 1421 for its operation by the Georgia Public Service Commission; to provide for fees to be charged to residential telephone subscribers who are included in the data base or to per sons or entities accessing the data base; to restrict the use of information contained in the data base and to provide that such information is not subject to public inspection or disclo sure; to require any person or entity who makes an unsolicited telephone call to state, at the beginning of such call, the identity of the person or entity initiating the call; to require certain additional oral and written disclosures in connection with certain unsolicited tele phone calls; to prohibit the blocking, by a person or entity making an unsolicited telephone call, of a residential subscriber's use of a caller identification service; to provide for enforce ment by the administrator of consumer affairs, pursuant to certain provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975"; to provide for a civil action; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code section, to be designated as Code Sec tion 46-5-27, to read as follows: "46-5-27. (a)(l) The General Assembly recognizes that the citizens of this state received numer ous unsolicited telephone calls from various entities, interests, and industries and that commercial telemarketers originate a high percentage of these calls. The General Assembly further recognizes that the citizens of Georgia are entitled to enjoy freedom from unwanted intrusions into their homes. It is the intent of this Code section to: (A) Strike a balance between commercial free speech and citizens' rights to privacy; and (B) Provide those citizens who do not wish to receive commercial solicitations at home with a means of preventing such calls, while allowing commercial telemarketers to continue to call those citizens who do wish to receive such calls at home. (2) As used in this Code section, the term: (A) 'Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. (B) 'Established business relationship' means a prior or existing relationship, not previously terminated by either party, formed by a voluntary two-way communica tion between a person or entity and a residential subscriber with or without an ex change of consideration, on the basis of an inquiry, application, purchase, or transaction by the residential subscriber regarding specific products or specific serv ices offered by such person or entity but shall not extend to other products or services offered by such person or entity. (C) 'Residential subscriber' means a person who has subscribed to residential tele phone service from a local exchange company or the other persons living or residing with such person. (D) 'Unsolicited telephone call' means any voice communication over a telephone line from or on behalf of a person or entity with whom a residential subscriber has no established business relationship or personal relationship. Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means. (b) (1) No person or entity shall make or cause to be made an unsolicited telephone call advertising or offering for sale, lease, rental, or as a gift any goods, services, or prop erty or soliciting donations of money, goods, services, or property to the telephone line 1422 JOURNAL OF THE SENATE of any residential subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (c) of this Code section, of such subscriber's objection to receiving such unsolicited telephone calls. (2) The prohibition in paragraph (1) of this subsection shall not apply to charitable solicitations by or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2. (c) (1) The commission shall establish and provide for the operation of a data base to compile a list of telephone numbers of residential subscribers who object to receiving unsolicited telephone calls. It shall be the duty of the commission to have such data base in operation no later than January 1, 1998. (2) Such data base may be operated by the commission or by another entity under contract with the commission. (3) No later than January 1, 1998, the commission shall promulgate regulations which: (A) Require each local exchange company to inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such sub scriber objects to receiving unsolicited telephone calls; (B) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving such calls or revoca tion of such notice; (C) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (D) Specify the methods by which such objections and revocations shall be collected and added to the data base; (E) Specify the methods by which any person desiring to make unsolicited telephone/ calls will obtain access to the data base as required to avoid calling the telephone numbers of residential subscribers included in the data base; and (F) Specify such other matters relating to the data base that the commission deems desirable. (4) If, pursuant to 47 U.S.C. Section 227 (c) (3), the Federal Communications Commis sion establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section. (d) A residential subscriber shall be charged a fee of $5.00, payable to the commission, for each notice for inclusion in the data base established under this Code section. A person or entity desiring to make unsolicited telephone calls shall be charged a fee of $10.00 per year payable to the commission for access to or for paper or electronic copies of the data base established under this Code section. (e) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding or action under subsection (g) or (h) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (f)(l) Any person or entity who makes an unsolicited telephone call to the telephone line of any residential subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call. (2) No person or entity who makes an unsolicited telephone call to the telephone line of a residential subscriber in this state shall utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service. MONDAY, MARCH 24, 1997 1423 (3)(A) Any person or entity who makes an unsolicited telephone call, other than a call placed through the use of ADAD equipment, to the telephone line of a residential subscriber in this state for the purpose of providing, offering to provide, or arranging for others to provide goods or services to the customer in exchange for consideration shall, at the beginning of such call, disclose the following information: (i) The identity of the seller; (ii) That the purpose of the call is to sell goods or services; (iii) The nature of the goods or services; and (iv) That no purchase or payment is necessary to be able to win a prize or partici pate in a prize promotion if a prize promotion is offered. This disclosure must be made before or in conjunction with the description of the prize to the person called. If requested by that person, the telemarketer must disclose the no purchase/no payment entry method for the prize promotion. (B) Before a customer pays for goods or services offered, the telemarketer shall disclose to the customer the following material information: (i) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of the sales offer; (ii) All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subject of the sales offer; (iii) If the seller has a policy of not making refunds, cancellations, exchanges, or repurchases, a statement informing the customer that this is the seller's policy; or, if the seller or telemarketer makes a representation about a refund, cancellation, ex change, or repurchase policy, a statement of all material terms and conditions of such policy; and (iv) Any material aspect of an investment opportunity including, but not limited to, risk, liquidity, earnings potential, or profitability. (C) The telemarketer's sales transaction shall be considered final only after the cus tomer has received a written notice which shall contain in not less than 12 point bold face type the oral disclosures required by subparagraph (B) of this paragraph. Such written notice shall be delivered by certified mail to the customer. The customer's pay ment is not due until after receipt of the required notice. (g) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating to a violation or threatened knowing violation of subsection (b) or (f) of this Code section. Such proceedings include without limitation proceedings to issue a cease and desist or der, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each violation, and to seek additional relief in any superior court of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings initiated by the adminis trator under this subsection. The administrator is authorized to issue investigative de mands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of subsection (b) or (f) of this Code section, in accordance with the provisions of Code Sections 10-1-403 and 10-1-404. (h) Any person who has received more than one telephone call within any 12 month pe riod by or on behalf of the same person or entity in violation of subsection (b) or (f) of this Code section may either bring an action to enjoin such violation; bring an action to re cover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or bring both such actions. (i) It shall be a defense in any action or proceeding brought under subsection (g) or (h) of this Code section that the defendant has established and implemented, with due care, 1424 JOURNAL OF THE SENATE reasonable practices and procedures to effectively prevent telephone calls in violation of this Code section. (j) No action or proceeding may be brought under subsection (g) or (h) of this Code section: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later. (k) A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this Code sec tion in accordance with the provisions of Code Section 9-10-91. (1) The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (m) No provider of telephone caller identification service shall be held liable for violations of this Code section committed by other persons or entities." SECTION 2. This Act shall become effective on July 1, 1997, for purposes of administrative establish ment of the data base, including receipt of notices, by the Public Service Commission and shall become effective for all purposes on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Broun of the 46th offered the following amendment: Amend the committee substitute to HB 71 by striking on page 6 lines one through lines 8 (0 On the adoption of the Broun amendment to the committee substitute, Senator Henson of the 55th called for the yeas and nays. The call was sustained and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Bowen Brush Cagle Clay Crotts Egan Gillis Gochenour Guhl Harbison Hooks Lamutt Land Madden Middleton Perdue Price of 28th Ralston Ray Roberts Starr Tanksley Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Boshears Brown of 26th Burton Cheeks Dean Fort Glanton Griffin Henson Hill Muggins James Johnson of 1st Kemp Langford Marable Oliver Price of 56th Ragan Scott Stokes Streat Taylor Thomas of 10th Turner Walker MONDAY, MARCH 24, 1997 1425 Those not voting were Senators: Broun of 46th Johnson of 2nd (excused) Thompson On the adoption of the amendment, the yeas were 26, nays 27, and the Broun amend ment to the committee substitute was lost. Senators Henson of the 55th and Oliver of the 42nd offered the following amendment: Amend the Senate Consumer Affairs Committee substitute to HB 71 by striking line 25 of page 3 and inserting in lieu thereof the following: "to receiving unsolicited telephone calls of a type described in paragraph (1) of subsection (b) of this Code section. It shall be". On the adoption of the amendment, the yeas were 37, nays 0, and the Henson, Oliver amendment to the committee substitute was adopted. Senator Brush of the 24th offered the following amendment: Amend the committee substitute to HB 71 by deleting on page 7 lines 26 and 27 Section 3 entirely and inserting a new Section 3 as follows: "This act shall not apply to telephone calls by or on behalf of persons or entities princi pally engaged in constitutionally protected exercise of the right of freedom of religion, speech, assembly or petition and in furtherance thereof. Add in Section 4 to read as follows: All laws and parts of laws in conflict with this act are repealed. Senator Brush of the 24th offered the following amendment: Amend the Brush amendment to the committee substitute to HB 71 by adding "non commercial" after "in" on line 7 On the adoption of the amendment, the yeas were 22, nays 13, and the Brush amend ment to the Brush amendment to the committee substitute was adopted. On the adoption of the Brush amendment to the committee substitute, the yeas were 6, nays 27, and the Brush amendment to the committee substitute was lost. Senator Broun of the 46th offered the following amendment: Amend the committee substitute to HB 71 on page 6, starting at line 5 through line 8, striking the words: "Such written notice shall be delivered by certified mail to the customer." On the adoption of the Broun amendment to the committee substitute, Senator Henson of the 55th called for the yeas and nays. The call was sustained and the vote was as follows: Those voting in the affirmative were Senators: Broun of 46th Brush Cagle Clay Crotts Egan Gillis Gochenour Lamutt Land Madden Oliver Perdue Price of 28th Ralston Ray Roberts Starr Those voting in the negative were Senators: Abernathy Balfour Boshears Bowen Brown of 26th Burton Cheeks Dean Fort Glanton Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Langford 1426 JOURNAL OF THE SENATE Marable Middleton Price of 56th Ragan Scott Stokes Streat Tanksley Taylor Thomas of 54th Those not voting were Senators: Blitch Johnson of 2nd (excused) Thomas of 10th Thompson Tysinger Walker Turner On the adoption of the amendment, the yeas were 18, nays 35, and the Broun amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor / Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Egan and Tanksley. Those not voting were Senators Blitch and Johnson of the 2nd (excused). On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that HB 71 be immediately transmitted to the House. On the motion, the yeas were 34, nays 2; the motion prevailed, and HB 71 was immedi ately transmitted. HB 583. By Representative James of the 140th: A bill to amend Part 5 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to regional housing authorities, so as to provide that the participating local governments shall be authorized to establish the composition of the board of commissioners of such an authority. Senate Sponsor: Senator Hooks of the 14th. MONDAY, MARCH 24, 1997 1427 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Johnson of 2nd (excused) Johnson of 1st Walker On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 298. By Representatives Reichert of the 126th, Walker of the 141st, Barnes of the 33rd and others: A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Anno tated, relating to how mechanics and materialmen liens are declared and creat ed, so as to provide that with respect to a contract for the procurement of materi al, certain professional services, labor, or supplies for the building, repairing, or improving of any real estate, if the contract includes a provision preventing pay ment to the claimant, then the person or persons furnishing material, services, labor, and supplies shall be relieved of necessity of filing an action. Senate Sponsor: Senator Egan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Kemp Lamutt Land Langford Madden Marable 1428 JOURNAL OF THE SENATE Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Brown of 26th Fort Hooks Johnson of 2nd (excused) Johnson of 1st Oliver Scott Taylor On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. Senate Sponsor: Senator Thomas of the 10th. The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 889 by striking on line 20 of page 1 the following: "has not voted in any election,", and inserting in lieu thereof the following: "has iiul vutud in any election,". By adding after the term "Secretary of State" on line 25 of page 1 the following: ", has not signed a voter's certificate". By adding after the word "In" on line 28 of page 1 the following: "the first six months of'. By striking in its entirety line 10 of page 2 and inserting in lieu thereof the following: "described in this Code section to shall be sent to each such". On the adoption of the amendment, the yeas were 39, nays 0, and the committee amendment was adopted. Senators Dean of the 31st, Thomas of the 10th and others offered the following substitute: A BILL To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for persons 16 years of age and older to be appointed as poll officers in all elections; to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors; to provide for procedures and limitations; to provide that absentee ballots and their return envelopes shall bear certain warnings re garding election fraud; to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper ap plication by any of certain eligible absentee electors who are elderly or disabled; to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to MONDAY, MARCH 24, 1997 1429 absentee voting in municipal elections, so as to provide for the mailing of absentee ballots for general and special primaries and elections held during the remainder of a calendar year upon one proper application by certain eligible absentee electors who are elderly or disabled; to authorize the promulgation of rules and regulations by the Secretary of State governing the foregoing; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety Code Section 21-2-92, relating to qualifications of poll officers in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-92 to read as follows: "21-2-92. Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright eleclui t> residents of the county in which they are appointed, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination or public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, motherin-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election." SECTION 2. Said title is further amended by striking Code Section 21-2-234, relating to inactive elec tors and procedures related thereto, and inserting in lieu thereof a new Code section to read as follows: "21-2-234. (a) (1) As used in this Code section and Code Section 21-2-235, the term 'no contact' shall mean that the elector has iiut vuted in any election, has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, has not signed a voter's certificate, and has not confirmed the elector's continuation at the same address during the preceding three calendar years. (2) In the first six months of'Beginning in 1997, piiui tu Febiuaiy 1 of each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding three calen dar years and who were not identified as changing addresses under Code Section 21-2233. The Secietaiy uf Slate blidll cause the confirmation notice described in this Code section to shall be sent to each such elector prior to Maich 1 of during each odd-num bered year. Such notices shall be sent by forwardable, first-class mail. (b) When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the Secretary uf Slate shall cause the confirma tion notice described in this Code section to shall be sent to such electors. (c) The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a no tice which states substantially the following: 1430 JOURNAL OF THE SENATE (1) If the elector has not changed addresses or has changed addresses within the county in which the elector is currently registered, the elector must return the card with the updated information, if any, nu lalei Lliaii Ihe close uf business uu the fuujth 1 i iut_y ^ji iui Lu Llic iit^AL gcncicil ^liiainiy ui gencitil dccliun 1O1' Idicial ulliutjo \JL ^jicSl- deiitlal piefei'eucb piimaiy, whiilievei cumes fiist, within 30 days after the date of the notice; and (2) If the card is not returned, the electui will be luquhud to affiim ui cuiiflim the eiltliii.j Oil tlic Qky iiilci' Llle ScCOnu. rNOVe.ll.lOer eltiCtujn WlliCli OCCUl'S iGil >VlliCli uCClirs alLci thu date uf the nulice, Hie elector's name will be reiuuved fiuni the list uf electuis. (d) If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county in which the elector is currently registered, the elector's name shall be removed from the list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote. (e) If the elector returns the card and states that the elector has changed residences within the county in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-226. fe) (f) If such elector returns the card and confirms that such elector continues to reside at fEe current address at which such elector is registered, the fact of such confirmation shall be recorded and the elector shall remain on the list of electors. If the electui letuins the card aud slates that the electui has changed i evidences within the ojimty In which the eleitui it, cuiiuiilly legislated, lliu eletlui shall leniain uu the list uf elecluis, tile i'fe^JlStrfl.tlOH I'cCOi'ClS Sililil UtS Cuil'tiCtfed tO iLt;IlcCt S null lie W eiClCll'tjSS, cluu. ct HcW VGttir IQ^nLiliurttiuil C&i'u Sililil Ije iSSticCl |ju.i'su.ciJiiL tu vJOut! iotJcLiOli 1 -&i-i&\j. \l) Ti tile eleCt/Oi" i'et>Lii'iliS t/lle CSrtI tiiiu St3.t6S tliilt tll^ eleCtOi' 113.S CIlRii^eCl SClClrtiSStiS OU.tSlQ6 Oi t/ilt; tjuU.liQil.ri6S JH WlliCll Llitli tiltiCtOi' IS CLUTCfliLly i'e^flStSlTt;u lu Vute, t/116 SleCLUi S iicniit; Sli3.ll tie reiliuveCl li'Olil tll.e IlSt; OI electors. (g) If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (h) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote. (i) List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section." SECTION 3. Said title is further amended by striking Code Section 21-2-235, relating to an inactive list of electors, and inserting in lieu thereof a new Code section to read as follows: "21-2-235. (a) In addition to the Official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote record ers needed for a precinct, the number of electors required to divide or constitute a pre cinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition MONDAY, MARCH 24, 1997 1431 signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records. (b) An elector placed on the inactive list of electors shall remain on such list until the day after the second November general election held after the elector is placed on the inactive list of electors. If the elector dues nut vute iii auy eletUon held makes no contact, as defined in Code Section 21-2-234, during that period, the elector shall be removed from the inactive list of electors. (c) An elector whose name is on the inactive list of electors may vote: (1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records; (2) If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or (3) If the elector has moved to an address within the county in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elec tor still resides in the county and completing a change of address card affirming the new address within the county. (d) If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records. (e) In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors." SECTION 4. Said title is further amended by striking in its entirety Code Section 21-2-381, relating to application for absentee ballots, eligibility determination, furnishing applications to col leges and universities, and persons entitled to apply, and inserting in lieu thereof a new Code section to read as follows: "21-2-381. (a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's office, an application to the board of registrars of the county of the elector's residence for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfac tory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient infor mation for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county, no absentee ballot shall be mailed to an address other than the permanent 1432 JOURNAL OF THE SENATE mailing address of the elector as recorded on the elector's voter registration record or a temporary out of county address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, how ever, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (A) an eligible absen tee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen; or (B) any elector meeting criteria of advanced age or disability specified by rule or regu lation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Fur ther, such application for an absentee ballot to be used in any election shall be suffi cient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (b) Upon receipt of a timely application, a registrar shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar shall certify by signing in the proper place on the applica tion and shall either mail the ballot as provided in this Code section or issue the ballot to / the elector to be voted within the confines of the registrar's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars for at least one year. If the registrar is unable to determine the iden tity of the elector from information given on the application, the registrar should promptly write to request additional information. In the case of an unregistered appli cant who is eligible to register to vote, the board shall immediately mail a blank registra tion card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties in which the board of registrars provides application forms for ab sentee ballots, the board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of his such college or university. (d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absen tee ballot in any election for presidential electors and United States senator or repre sentative in Congress: MONDAY, MARCH 24, 1997 1433 (A) If he such citizen was last domiciled in Georgia immediately before his departure from the United States; and (B) If he such citizen could have met all qualifications, except any qualification relat ing to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under para graph (1) of this subsection even if his such individual's intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and require ments which are consistent with 42 U.S.C. Section 1973ff concerning absentee regis tration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and appli cable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates." SECTION 5. Said title is further amended by striking in its entirety Code Section 21-2-383, relating to preparation and delivery of absentee ballots and form of ballots, and inserting in lieu thereof a new Code Section 21-2-383 to read as follows: "21-2-383. Ballots for use by absentee electors shall be prepared sufficiently in advance by the su perintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substan tially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: ' I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues in cluded in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State." SECTION 6. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2384, relating to the preparation and delivery of supplies, mailing of ballots, oath of absen tee electors and persons assisting absentee electors, master list of ballots sent, and chal lenges in elections and primaries generally, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: 1434 JOURNAL OF THE SENATE I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _______^^___ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absen tee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. Elector's Residence Address Elector's Place of Birth Month and Day of Elector's Birth Maiden Name of Muthei uf Electui Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _____________, 19______. Signature of Person Assisting Elector -- Relationship Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has following physical disability _____________. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in vot ing, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor." SECTION 7. Said title is further amended by striking in its entirety Code Section 21-3-34, relating to qualifications of poll officers in municipal elections, and inserting in lieu thereof a new Code Section 21-3-34 to read as follows: "21-3-34. (a) Poll officers shall be duulurfe residents of the municipality in which they are appointed or the county in which the municipality is located, 16 years of age or older, and shall be able to read, write, and speak the English language. No poll officer shall be eligible to MONDAY, MARCH 24, 1997 1435 any nomination or public office to be voted for at a primary or election in which such poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality." SECTION 8. Said title is further amended by striking in its entirety Code Section 21-3-283, relating to application for an absentee ballot, eligibility determination, delivery of ballots to eligible applicants, and notice to rejected applicants, and inserting in lieu thereof a new Code sec tion to read as follows: "21-3-283. (a) Any absentee elector may make an application either by mail, by facsimile transmis sion, or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughterin-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. No absentee ballot shall be mailed to an address other than the elector's permanent address as recorded on the elector's voter registration record or temporary address outside of the municipality. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. (b) One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (1) an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member;; or (2) any elector meeting criteria of ad vanced age or disability specified by rule or regulation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such an election. In any event, a separate and distinct appli cation for an absentee ballot shall be required for any special election or special primary. 1436 JOURNAL OF THE SENATE (c) Upon receipt of a timely application, the absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the absentee ballot clerk shall certify by signing in the proper place on the application and either mail the ballot, as provided in Code Sec tion 21-3-284, issue the ballot to the elector to be voted within the confines of the absen tee ballot clerk's office, or deliver the ballot in person to the elector if he or she is confined to a hospital. If found ineligible, the clerk shall deny the application by writing the rea son for the rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of his or her ineligibility, a copy of which should be retained on file in the office of the absentee ballot clerk. If the absentee ballot clerk is unable to determine the identity of the elector from information given on the application, he the clerk should promptly write to request additional information. (d) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of subsection (b) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, in cluding, but not limited to, comparison of voter registration records with death certificates." SECTION 9. Said title is further amended by striking in their entirety subsections (a) and (d) of Code Section 21-3-284, relating to the form of absentee ballots, preparation and delivery of sup plies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, and list of ballots sent in municipal elections, and inserting in lieu thereof new subsections (a) and (d) to read as follows: "(a) The ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in municipalities using voting machines or vote recorders the ballots may be in substantially the form for ballot labels required by Article 9 of this chapter or in such form as will allow the ballots to be machine tabulated. Every such ballot shall have printed on the face thereof the ' following: 'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for absentee ballots shall be determined and prescribed by the superintendent, ex cept that the Secretary of State shall determine and prescribe the form for ballots not following the paper ballot format." "(d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _____________ City, _____r^______ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote there therein in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully com plied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of MONDAY, MARCH 24, 1997 1437 voter fraud and is a felony under Georgia law. Elector's Residence Address Month and Day of Elector's Birth Signature or Mark of Elector Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently possesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3-318. This, the day of _____________, 19___ Signature of Person Assist ing Elector -- Relationship Reason for assistance (check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has the following physical disability The forms upon which such oaths are printed shall contain the following language: Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318). Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor." SECTION 10. This Act shall become effective on January 1, 1998. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Senators Clay of the 37th, Price of the 56th and Dean of the 31st offered the following amendment: Amend the floor substitute to HB 889 by adding on p. 2, line 4 before the word "residents" the words "citizens of the United States" And by further amending the sub to HB 889 by adding on p. 12 on line 19 before the word "residents" the words "citizens of the United States,". On the adoption of the amendment, the yeas were 36, nays 0, and the Clay, et al. amendment to the Dean, et al. substitute was adopted. On the adoption of the Dean, et al. substitute to HB 889, the yeas were 34, nays 0, and the Dean, et al. substitute was adopted as amended. Pursuant to Senate Rule 143, action on HB 889 was suspended, and the bill was placed on the General Calendar. 1438 JOURNAL OF THE SENATE HB 104. By Representative Davis of the 60th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special motor vehicle license plates, so as to provide for special license plates commemorating square and round dancers. Senate Sponsor: Senator Burton of the 5th. The Senate Transportation Committee offered the following substitute to HB 104: A BILL To be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special "Supporting Public Schools" license plates; to provide for special license plates commemorating square and round dancers; to provide for the design of such license plates; to provide for license fees; to provide for applications for such license plates; to provide for processing of applications; to provide for renewal of license plates; to permit certain nonrefundable surcharges to be imposed by an organization processing applications for spe cial "Supporting Public Schools" license plates; to regulate the expenditure of funds gener ated by such surcharges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-50 to read as follows: "40-2-50. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Supporting Public Schools.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section; except that a decal, in a form approved by the commissioner, bearing the name of a public school selected by the applicant and located within the county where the vehicle is registered may be affixed and displayed on such a license plate in lieu of the county name decal. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) Each application for a special license plate under this Code section along with all fees required by subsection (a) and any surcharge imposed under subsection (e) of this Code section shall be submitted directly to the Georgia School Boards Association, Inc., which shall retain all applications thereby received for such special license plates until a mini mum of 1,000 applications has been received. Thereafter, the applications and fees, not including such surcharge, shall be transmitted to the commissioner. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the MONDAY, MARCH 24, 1997 1439 special license plate. If the commissioner does not receive the required minimum of 1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants by the Georgia School Boards Association, Inc. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to regis tration and licensing of motor vehicles as prescribed in this article. (e) The Georgia School Boards Association, Inc., may impose a nonrefundable surcharge to be paid directly to the Georgia School Boards Association, Inc., by an applicant at the time of application which shall not exceed $15.00 per application; provided, however, that funds generated by any such surcharges, less any processing fee in an amount au thorized by the commissioner under Code Section 40-2-25, shall be distributed by the Georgia School Boards Association, Inc., to the board of education of the local public school district operating the local public school selected by the applicant and named in the decal issued under subsection (a) of this Code section, which shall be expended only in supporting and enhancing the educational programs of such school." SFJCTION_2. Said chapter is further amended by adding a new Code Section 40-2-86.1 to read as follows: "40-2-86.1. (a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters 'SD' arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase 'Square&Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licens ing laws and the requirements of this subsection and subject to the restriction in subsec tion (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate. (c) The commissioner shall retain all applications received for special license plates com memorating square and round dancers until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 1,000 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such license plates and all fees shall be refunded to applicants. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plates provided by this Act shall be issued prior to January 1, 1998. 1440 JOURNAL OF THE SENATE SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Streat of the 19th offered the following amendment: Amend the committee substitute to HB 104 by page 2 delete line 4 Insert in its place "A place suitable other than in the place for county name decal." On the adoption of the amendment, the yeas were 35, nays 0, and the Streat amend ment to the committee substitute was adopted. Senator Thompson of the 33rd offered the following amendment: Amend the committee substitute to HB 104 by striking line 3 of page 1 and inserting in lieu thereof the following: "motor vehicles, so as to provide for use of dealers' numbers; to provide for issuance of special". By striking line 20 of page 1 and inserting in lieu thereof the following: "vehicles, is amended by striking subsection (a) of Code Section 40-2-38, relating to regis tration and licensing of dealers, manufacturers, and distributors, and inserting in lieu thereof the following: '(a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leas ing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguished dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be determined by the commissioner, with the word "Dealer" on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles ownecl by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealer's numbers. The manufacturer's or distributor's license plate is limited to no longer than six month's use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distrib utors number plates with the word "Manufacturer" or "Distributor" on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a "Manufacturer" or "Distributor" number plate on motor vehicles they own when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transport ing vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being tranported.' MONDAY, MARCH 24, 1997 1441 SECTION 1A. Said chapter is further amended by adding a new Code Section 40-2-50 to". Senator Price of the 56th asked for a ruling by the Chair as to the germaneness of the amendment. The President ruled that the amendment was germane. On the adoption of the amendment, the yeas were 32, nays 4, and the Thompson amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Voting in the negative were Senators Egan and Guhl. Those not voting were Senators: Fort James Johnson of 2nd (excused) Tysinger On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HB 329. By Representative Reichert of the 126th: A bill to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of ser vice charge which may be recovered on a bad check. Senate Sponsor: Senator Langford of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th 1442 JOURNAL OF THE SENATE Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Gillis GriCBn Guhl Harbison Honson Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Pi-ice uf 28th Price of 56th Ragan Ralston Those not voting were Senatora: Cagle Fort Glanton Oochenour Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tv singer Walker James Johnson of 2nd (excused) On the passage of the bill, the yeas wer^ 30, nays 0 The bill, having received the requisite constitutional majority, was passed. HB 496. By Representatives Smkfield )f'the 57th. T3uckner of the 95th and McClinton of the 68th: A bill to amend Chapter 4A ot Title 49 ol the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a program on behalf of the department on state-owned property. Senate Sponsor: Senator Kump of the 3rd. The report of the committee, which was fav.iruhle to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senotors: Balfour Blitch Boshears Broun of 46th Brush Burton Cheeks Crotts Dean Egan Gillis Grimn Guhl Harbison Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokos Stream Tunkslcy Tnvlor Thomas of 54th Thomas of 10th Thompson Turner Tvsinger Walker Those not voting were Senators: Abernathy Bowen Brown of 26th Cagle Clay Fort Glancon Gocht-nour Heiison James Johnson of 2nd (excused) Price of 28th MONDAY, MARCH 24, 1997 1443 On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 291. By Representatives Martin of the 47th, Alien of the 117th, Teper of the 61st and Davis of the 60th: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases requiring an application for an appeal, so as to provide that when an appeal in a case enumerated in subsection (a) of Code Section 5-6-34 is initiated by filing an otherwise timely application for permission to appeal with out also filing a timely notice of appeal, the appellate court shall have jurisdic tion to decide the case and shall grant the application. Senate Sponsor: Senator Tanksley of the 32nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Bowen Clay Egan Fort Glanton Gochenour Johnson of 2nd (excused) Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 283. By Representative Bordeaux of the 151st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that charitable organiza tions and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances. Senate Sponsor: Senator Perdue of the 18th. The Senate Economic Development, Tourism, and Cultural Affairs Committee offered the following substitute to HB 283: A BILL To be entitled an Act to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the 1444 JOURNAL OF THE SENATE sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket; to provide an exception with respect to a ticket broker who meets certain qualifications and certain persons who are the purchasers of tickets to an athletic contest or entertainment event; to authorize certain service charges on the sale of tickets to athletic contests or entertainment events; to require advertising of events to include certain information relating to service charges; to provide requirements for ticket brokers; to prohibit certain conduct by ticket brokers; to provide that no laws shall prohibit the casual resale of tickets to events for any price if such casual resale of tickets is not on the property where the athletic contest or entertainment event is being held; to provide that charitable organizations and their employees and volunteers shall not be subject to ticket scalping laws under certain circumstances; to provide for enforcement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the prohibition against scalping tickets for certain athletic contest or entertainment events, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows: "10-1-310. (a) As used in this article, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or the administrator's delegate. (2) 'Charitable organization' means any benevolent, philanthropic, religious, or elee mosynary organization which is exempt from taxation under federal and Georgia law. (3) 'Charitable purposes' means purposes which further the mission of the charitable' organization. (4) 'Ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, or other entertain ments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket. The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic con test or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons. (b) Except as provided in paragraphs (1) and (2) of subsection (g) of this Code section, it shall be unlawful for any person other than a ticket broker to resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic contests, con certs, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business li censed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such athletic contest or entertainment event is to be held or is being held or the sponsor of such contest or event may charge or may authorize, in writing, any person to charge a service charge for the sale of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing granting authority to another shall specify the amount of the service charge to be charged for the sale of each ticket, privilege, or license of admission. MONDAY, MARCH 24, 1997 1445 (c) Any advertisement, announcement, or poster for any contest or event covered by this Code section which includes the price of admission shall specify the amount of the service charge to be charged for the sale or reselling of each ticket, privilege, or license of admis sion and such advertisement shall be clearly and conspicuously stated. (d) In order to engage in the practice or business of a ticket broker a person shall be required to: (1) Maintain a permanent office or place of business, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (2) Obtain any business license required by a local government; and (3) Provide satisfactory evidence to the administrator that the ticket broker has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $150,000.00, with a surety company authorized to do business in this state and conditioned to pay damages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section. (e) The ticket broker shall be required to: (1) Post at its established place of business the purchaser's right to cancel the purchase of a ticket from a ticket broker; (2) Disclose to the purchaser the refund policy of the ticket broker should an athletic contest or entertainment event be canceled; and (3) Disclose to the purchaser in writing the difference between the price printed on the ticket and the amount which the ticket broker is charging for such ticket. (f)(l) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held. (2) Unless a ticket broker has a written contract with the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to resell more than 1 percent of the tickets allocated for such event, the ticket broker, including any affiliated group of ticket brokers, shall be prohibited from acquiring and reselling in excess of 1 percent of the total tickets allocated for the contest or event. (3) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the purchaser returns the ticket and requests a cancella tion of the sale thereof within 36 hours from the time of purchase of the ticket and if such return is made more than 72 hours preceding the athletic contest or entertain ment event. (4) A ticket broker shall be required to refund any payment received for the purchase of a ticket under this article if the athletic contest or entertainment event is canceled and not rescheduled. (5) If a ticket broker guarantees in writing delivery of a ticket or tickets to an athletic contest or entertainment event as provided under this article to a purchaser and fails to complete such delivery, the ticket broker shall be required to provide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the pur chaser a refund fee of three times the amount paid by the purchaser for each such ticket. (g) (1) No provision of this article or any other provisions of law shall prohibit any person who is the original purchaser for personal use of tickets to an athletic contest or entertainment event covered under subsection (b) of this Code section from reselling or offering for resale any of such tickets for any price, provided that such person does not sell or offer to sell such tickets on the property where the athletic contest or entertain ment event is being held. 1446 JOURNAL OF THE SENATE (2) Charitable organizations and their employees and volunteers shall not be subject to the provisions of this Code section when offering for sale any tickets of admission to the highest bidder in a raffle, auction, or similar fundraising activity for the benefit of the organization's charitable purposes. (h) In addition to criminal prosecutions under Code Section 10-1-311, the provisions of this article shall be enforced by the administrator. The administrator shall be author ized to exercise all powers and to impose civil penalties as provided in Code Section 10-1397 in enforcing the provisions of this article." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes / Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative were Senators Blitch and Boshears. Those not voting were Senators: Bowen Clay Egan Fort Johnson of 2nd (excused) Oliver On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HB 708. by Representatives Skipper of the 137th and Polak of the 67th: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network or home repair or home improvement work. Senate Sponsor: Senator Perdue of the 18th. MONDAY, MARCH 24, 1997 1447 The Senate Consumer Affairs Committee offered the following substitute to HB 708: A BILL To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to make unlaw ful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work; to provide for criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to provide for an additional civil penalty for certain practices relating to an elder or dis abled person; to provide for investigations of violations of Article 15 of Chapter 1 of Title 10; to authorize the administrator to issue certain regulations; to provide for the forwarding of results of certain investigations conducted by the administrator to prosecuting attorneys of this state; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relat ing to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; to provide for related mat ters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by striking the word "or" at the end of paragraph (29) of subsection (b) of Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions, and by striking the period at the end of para graph (30) and inserting in lieu thereof "; or" and inserting immediately thereafter a new paragraph to read as follows; "(31) With respect to telemarketing sales: (A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber. Nothing in this para graph shall be construed to: (i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or (ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a)(3), the Federal Telemarketing Sales Rule. (B) For purposes of this paragraph, the term: (i) 'Covered communication' means any unsolicited telephone call or telephone call arising from an unsolicited telephone call. (ii) 'Electronic record' means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a resi dential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limi tation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations. (iii) 'Residential subscriber' means any person who has subscribed to residential phone service from a local exchange company or the other persons living or resid ing with such person. 1448 JOURNAL OF THE SENATE (iv) 'Seller or telemarketer' means any person or entity making a covered commu nication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of con ducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase." SECTION 2. Said part is further amended by striking in its entirety Code Section 10-1-393.5, relating to prohibited telemarketing or Internet activities, and inserting in lieu thereof the following: "10-1-393.5. (a) For purposes of this Code section, the term 'telemarketing' shall have the same mean ing which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term 'telemarketing' shall also include those calls made in intrastate as well as interstate commerce. (b) Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, it shall be an unlawful, unfaii, and deceptive Uade piactice undei this Jjcirt to COiliiiiiL a.il_y oileiist; ni v Ol v iiijjj t/lltJit uilCici* CJOClt; oeCtiuilS J.U-o~j& Llii'G uj^Ti t(j-o~y VviiiltJ GH^jagiil^J lH tjel^lil&rJtetlli^ OT Wllllfe eHf^isj^iiif^ 111 Biliy SCtlVlty Oil. tlic lllttj SiUlll&.i1 CGilipuLci'i/icCi s_y Sl/ciil w lliCli nidi v id ucilS tuiiiicCL CO iJy U.BC ui 3. COlllpU.t/61 tiliCl 3. modem unlawful for any person who is engaged in telemarketing, any person who is engagedTh any activity involving or using a computer or computer network, or any per son who is engaged in home repair work or home improvement work to: (1) Employ any device, scheme, or artifice to defraud a person, organization, or entity; (2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or (3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. / (c) In addition to any civil penalties under this part, any person who intentionally vio lates subsection (b) of this Code section with intent to commit any theft uiidei Cude 3ec= tiuiis 10-8-2 tliiuugh 10-8-9 shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corpora tion each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, pro vided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section. (d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection (b) of this Code section shall be subject to double the applicable civil and criminal penalties fui such violation ui uffensti an addi tional civil penalty, as provided in Code Section 10-1-851. (e) Persons employed full time or part time for the purpose of conducting tultuiiai ketmg potentially criminal investigations under this Code section article shall be designated as certified peace officers; and auy peisuu su designated shall have all the powers of a certi fied peace officer of this state when engaged in the enforcement of this CuJe section article, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certi fied peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 1611-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this Code section article. MONDAY, MARCH 24, 1997 1449 (f) The administrator shall be authorized to promulgate procedural rules relating to his or her enforcement duties under this Code section." SECTION 3. Said part is further amended by striking in its entirety Code Section 10-1-406, relating to the duty of prosecuting attorneys, and inserting in lieu thereof a new Code Section 10-1-406 to read as follows: "10-1-406. 1L s.llcl.ii uc tllG Qlit^y Ol Ll-it; ^JiLGSGCl_i.Liii.^f cit/LGi'iitiyS' Or tills Steltt; IO ItiliJ CO t/lic &u.illiinsLitk.tOr au-tjli fcisSlStfl-HCB as^tllt; 3.QllililiSt/i1 fl.tOi^Iilty I^QUest m llic uOlllllitJiiCeulfellt cklliLi proStJCU-Liuii uf speiifii: acliuns puibuaiil lu Lhis pait. Whenever an investigation has been conducted under this article and such investigation~reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecut ing attorney deems appropriate?' SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penal ties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) of subsection (a) to read as follows: "(4) (A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehi cle part or component which exceeded $100.00 in value or if the theft or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or while engaged in lelbiiiaiketing as defined undei Code Section 10-1-393. 5 ~OT telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 20 ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a sec ond or subsequent offense under this paragraph shall be punished by imprisonment for not less than thiee yeais one year nor more than 20 years, no puiliun uf which , uu ~ pOftiGii Ol wluuii ill&y ti (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or". SECTION 5. This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after said date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th 1450 JOURNAL OF THE SENATE Burton Cagle Cheeks Clay Crotts Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 10th Turner Tysinger Those not voting were Senators: Bowen Brush Dean Port Johnson of 2nd (excused) Middleton Taylor Thomas of 54th Thompson Walker On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 423. By Representatives Hecht of the 97th, Lee of the 94th, Skipper of the 137th and Smith of the 109th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shop lifting so that the fourth or subsequent conviction for shoplifting shall be a felo ny. ' Senate Sponsor: Senator Starr of the 44th. The Senate Special Judiciary Committee offered the following amendment: Amend HB 423 by striking from line 2 of page 2 the following: "camp' unit" and inserting in lieu thereof the following: "camp,' probation detention center, diversion center, or other community correctional facility". On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land MONDAY, MARCH 24, 1997 1451 Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Dean Egan Fort Glanton Johnson of 2nd (excused) Oliver Scott Tanksley On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 489. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties. Senate Sponsor: Senator Perdue of the 18th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 489: A BILL To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties; to change certain definitions; to provide legislative intent; to provide procedures for adopting the strategy; to provide for the ele ments to be included within the strategy; to provide for criteria to be met by the strategy; to provide for verification by the Department of Community Affairs; to provide for prohibi tions related to state administered grants to municipalities and counties; to change a cer tain cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Chapter 70, relating to coordinated and comprehensive planning by counties and municipalities, and inserting in its place a new Chapter 70 to read as follows: 36-70-1. "ARTICLE 1 The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the envi ronment, and the vital areas of the state. The purpose of this chap lei article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this chaptei article shall be construed liberally to achieve that end. This chapter article is 1452 JOURNAL OF THE SENATE enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II(a)(l) and Article K, Section II, Paragraphs III and IV. 36-70-2. As used in this chapter, the term: (1) 'Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of compre hensive plans established by the department. (2) 'Coordinated and comprehensive planning' means planning by counties and munici palities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation of plans, and for participation in the coordi nated and comprehensive planning process, as established by the Depai tmeiit uf Cunimunity Affaiis department. (3) 'County' means any county of this state. (4) 'Department uf Cummuiiity Affaiis' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) 'Governing authority' or 'governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing au thority for a county or municipality. (5.5) (5.1) 'Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities: (A) The levying or collecting of any taxes or fees; (B) The provision of any of the following governmental services: water; sewage; gar bage collection; police protection; fire protection; or library; or (C) The holding of a municipal election. (5.2) 'Local government' means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state. (5.3) 'Mechanisms' includes, but is not limited to, intergovernmental agreements, ordi nances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter. (6) 'Minimum standards and procedures' means the minimum standards and proce dures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the Depai tmunt of Cuumiimity Affaiis department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the Dbpai Uneiit uf Cummmiily Affairs department. (7) 'Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (8) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the Depdi Uneiit uf Cummuiiity Affaiis department. (9) 'Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50. 36-70-3. The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; MONDAY, MARCH 24, 1997 1453 (2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be; (3) To develop, establish, and implement a plan for capital improvements which con forms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be; (4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan; (5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and (6) To take all action necessary or desirable to further the policy of the state for coordi nated and comprehensive planning, without regard for whether any such action is spe cifically mentioned in this chapter article or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional devel opment center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia Data base and network, coordinated by the Depai tmeiit uf Community Affahb department, to serve as a comprehensive source of information available, in an accessible form, to local govern ments and state agencies. 36-70-5. (a) Except as provided in subsection (b) of this Code section, nothing in this chaptei article shall limit or compromise the right of the governing body of any county or municipalIty to exercise the power of zoning. (b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enact ment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this chapter article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. (c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area. ARTICLE 2 36-70-20. The intent of this article is to provide a flexible framework within which local govern ments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal anH 1454 JOURNAL OF THE SENATE county land use plans and in a simple, concise agreement describing which local govern ments will provide which service in specified areas within a county and how provision of such services will be funded. 36-70-21. Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999T 36-70-22. Each county shall initiate the process for developing a local government service delivery strategy after July 1, 1997, but no later than January 1, 1998. Initiation of the strategy shall be accomplished by the provision of a written notice from the county to the gov erning bodies of all municipalities located wholly or partially within the county or provid ing services within the county and to other counties providing services within the county. Such notice shall state the date, time, and place for a joint meeting at which designated representatives of all local governing bodies shall assemble for the purpose of commenc ing deliberations on the service delivery strategy. The notice shall be sent not more than 45 and not less than 15 days prior to the meeting date. In the event the county governing authority fails to initiate the process by January 1, 1998, any municipality within the county may do so by sending a written notice, containing the required information, to the county and all other municipalities. 36-70-23. Each local government service delivery strategy shall include the following components: (1) An identification of all local government services presently provided or primarily funded by each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction^ (2) An assignment of which local government or authority, pursuant to the require ments of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided By any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibil ity for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement; (3) A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and (4) An identification of the mechanisms to be utilized to facilitate the implementation oTthe services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code sectionT 36-70-24. In the development of a service delivery strategy, the following criteria shall be met: (1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will Ee taken to remediate or avoid overlapping and unnecessary competition and duplica tion of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of the county by the county, such ser vice shall not be considered a duplication of the county service; (2)(A) The strategy shall provide that water or sewer fees charged to customers lo cated outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider. MONDAY, MARCH 24, 1997 1455 (B) If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that dis puting governing authority may hold a public hearing for the purpose of reviewing the rate differential. "Following the preparation of a rate study by a qualified engF neer, the governing authority may challenge the arbitrary rate differentials on be half of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution; (3)(A) The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincof^ porated residents, individuals, and property owners that receive the serviced (B) Such funding shall be derived from special service districts created by the county In which property taxes, insurance premium taxes, assessments, or user fees are levied or imposed or through such other mechanism agreed upon by the affected par ties which complies with the intent of subparagraph (A) of this paragraph; and (4)iA) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an altef^ nativeTtHey shall adopt a single land use plan for the unincorporated and incorpo rated areas of the countyT (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances. (C) A process shall be established by July 1, 1998, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed^ into a municipality within the county. 36-70-25. (a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section. (b) The county and each municipality within the county shall participate in the develop ment of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution: (1) By the county governing authority; (2) By the governing authority of municipalities located within the county which have a~population of 9,000 or greater within the county; (3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and (4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection. (c) For the purpose of determining population, the population in the most recent United 5tates~5ecennial census shall be utilized. (d) If a county and the necessary number of cities in the county cannot reach an agree ment on the strategy, a means for facilitating an agreement through some form of alter native dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United" States~decennial census. The county's share shall be based upon the unincorporated pop ulation of the countyT 1456 JOURNAL OF THE SENATE (e) The adoption of a service delivery strategy specified in Code Section 36-70-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such ex tended date. 36-70-26. Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section 36-70-23 and the minimum criteria enumerated in Code Section 36-70-24. The department, how ever, shall neither approve nor disapprove the specific elements or outcomes of the strategy.' 36-70-27. On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy. 36-70-28. Each county and municipality shall review, and revise if necessary, the approved strategy: (1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter; (2) Whenever necessary to change service delivery or revenue distribution arrange ments; or (3) In the event of the creation, abolition, or consolidation of local governments." SECTION 2. Said title is further amended by striking paragraph (2) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (2) to read as follows: "(2) 'Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (0.5) (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph ffHr) (5.1) of Code Section 36-70-2." SECTION 3. This Act shall become effective upon its approval by the Governor of upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cheeks Crotts Dean Egan Gillis Griffin Guhl Harbison MONDAY, MARCH 24, 1997 1457 Henson Hill Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker Those voting in the negative were Senators: Brush Cagle Clay Glanton Gochenour Price of 56th Thomas of 54th Those not voting were Senators: Abernathy Fort Hooks Johnson of 2nd (excused) On the passage of the bill, the yeas were 45, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. The following bills were read the first time and referred to committee: HB 1044. By Representative Dukes of the 161st: A bill to amend an Act creating a charter for the City of Newton, so as to provide for the election and terms of the members of the city council. Referred to State and Local Governmental Operations Committee. HB 1046. By Representative Scott of the 165th: A bill to amend an Act entitled "an Act to provide a new charter for the City of Tifton," or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such act becomes law, so as to change the corporate limits of the City of Tifton. Referred to State and Local Governmental Operations Committee. HB 1048. By Representative Scott of the 165th: A bill to provide a new charter for the City of Tifton. Referred to State and Local Governmental Operations Committee. HB 1051. By Representative Jamieson of the 22nd: A bill to amend an Act creating the Banks County board of commissioner, so as to change the compensation of the chairman and other members of the board of commissioners. Referred to State and Local Governmental Operations Committee. HB 1052. By Representative Martin of the 145th: A bill to provide for the membership of the Jenkins County Development Au thority. Referred to State and Local Governmental Operations Committee. 1458 JOURNAL OF THE SENATE HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah. Referred to State and Local Governmental Operations Committee. HB 490. By Representatives Royal of the 164th, Walker of the 141st and Reichert of the 126th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedure for imposing the special county 1 percent sales and use tax, so as to provide for additional notice requirements. Senate Sponsor: Senator Starr of the 44th. The Senate Finance and Public Utilities Committee offered the following substitute to HB 490: A BILL To be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sale and use taxes, so as to provide for an additional exemption for compo nents of machinery used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant pres ently existing in this state; to provide for additional notice requirements for the imposition of the special county 1 percent sales and use tax; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sale and use taxes, is amended by striking subparagraph (A) of paragraph (34) of Code Section 48-8-3, relating to exemptions, and inserting in lieu thereof the following: "(A) Machinery, including components thereof, which is used directly in the manu facture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state;" SECTION 2. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax, and inserting in lieu thereof the following: "(a) Whenevei Prior to the vote of a county governing authority to impose the tax under this article, such governing authority shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authori ties of the county and of each municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects? The no tice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call fofthe referendum. Following such meeting, a county governing authority votes voting to impose the tax authorized by this article, Hie governing authority shall notify the county election super intendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolu tion shall specify:" MONDAY, MARCH 24, 1997 1459 SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Johnson of 2nd (excused) Walker On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 491. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies. Senate Sponsor: Senator Hill of the 4th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th 1460 JOURNAL OF THE SENATE Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Gochenour Griffin Guhl Harbison Henson Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negatives was Senator Glanton. Those not voting were Senators: Abernathy Fort Hill Hooks Johnson of 2nd (excused) On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 492. By Representatives Royal of the 164th, Walker of the 141st, Reichert of the 126th and Felton of the 43rd: A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes regarding insurance, so as to provide for the expendi ture of proceeds from certain insurance premium taxes received by counties. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Brush Price of 56th Tanksley MONDAY, MARCH 24, 1997 1461 Those not voting were Senators: Abernathy Fort Johnson of 2nd (excused) Tysinger On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed. HB 635. By Representative Holmes of the 53rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the inclusive dates of notification of intent for write-in candidates for general and special elections conducted under the provisions of such title applicable to primaries and elections generally. Senate Sponsor: Senator Thomas of the 10th. Senator Thomas of the 10th offered the following amendment: Amend the committee substitute to HB 635 by deleting the word "absentee" pg. 59, line 36 On the adoption of the amendment, the yeas were 39, nays 0, and the Thomas amend ment to the committee substitute was adopted. Senator Cagle of the 49th moved that the Senate adjourn. On the motion to adjourn, the yeas were 36, nays 4; the motion prevailed, and the Senate adjourned at 6:09 p.m. The motion to adjourn precluded further action on HB 635. The committee substitute and additional amendments to HB 635 appear in the Jour nal of March 25. 1462 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 25, 1997 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 9:30 A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Jour nal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate: SB 131. By Senators Turner of the 8th, Cheeks of the 23rd, Lamutt of the 21st and others: A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to the accounting for public funds, so as to provide definitions of new terms; to revise provisions relative to bonds or pledges of securities by deposito ries; to provide for the pooling of collateral for qualifying depositories; to provide for the determination of amounts of collateral. SB 119. By Senators Thompson of the 33rd, Dean of the 31st and Cheeks of the 23rd: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change the membership of the State Depository Board. SB 173. By Senator Starr of the 44th: A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the training and employment of peace officers, so as to change the designation of certain bomb technicians; to provide for mutual aid agreements; to exempt certain training and technical materials relating to bombs and explo sives from public disclosure except in limited circumstances. SB 171. By Senators Stokes of the 43rd and Oliver of the 42nd: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to change the definition of family violence; to provide for jurisdiction and venue for petitions involving nonresidents. SB 269. By Senators Thompson of the 33rd and Roberts of the 30th: A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facili ties, so as to change the definition of the term, "corporation"; to provide that information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 18 inches measured horizontally from the outer edge of either side of such facilities and accurate to within 18 inches measured vertically from the topmost edge of such utility facilities. TUESDAY MARCH 25, 1997 1463 SB 382. By Senators Blitch of the 7th, Walker of the 22nd and Perdue of the 18th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to the apportionment of the House of Representatives and the Senate and the qualification of members, so as to change the description of certain House and Senate districts. SB 14. By Senator Tysinger of the 41st: A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to authorize manufacturing, processing, selling, possessing, and transporting gaming equipment, devices, and other materials for use in jurisdictions where those equipment and devices are legal. SB 357. By Senators Starr of the 44th, Perdue of the 18th, Balfour of the 9th and others: A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to prohibit a particular abortion method; to provide for penalties, civil actions, and relief; to provide for exceptions. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 228. By Senator Thomas of the 10th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia Physical Therapy Act," so as to revise certain definitions; to change provisions relating to the composition of the State Board of Physical Therapy; to provide for the qualifications of board members; to change provi sions relating to license requirements for physical therapists and physical ther apist assistants. SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and others: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan; to provide for a definition; to provide for the collection of payments from county employees, retirees, and dependents. SB 271. By Senators Perdue of the 18th, Turner of the 8th, Walker of the 22nd and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to create the State Personnel Oversight Commission; to make certain findings and a statement of legislative intent; to define certain terms; to provide for members of the commission; to provide that no state officer or employee entitled to involuntary separation retirement bene fits shall be separated without the approval of the commission. 1464 JOURNAL OF THE SENATE SB 26. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to provide for jurisdiction in the juvenile court for petitions for legitimation; to pro vide for transfer to the superior court for jury trials regarding visitation or sup port if requested by either parent. SB 27. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chap ter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to change provisions relating to placement of a child following an order terminating parental rights. SB 28. By Senators Oliver of the 42nd, Land of the 16th, Starr of the 44th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chap ter 11 of Title 19 of the Official Code of Georgia Annotated, known as the "Child Support Recovery Act," so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father. SB 214. By Senators Boshears of the 6th, Thompson of the 33rd, Johnson of the 2nd and others: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for treatment and certain referrals and failure to make those referrals. The House has adopted by the requisite constitutional majority the following resolu tion of the Senate: SR 125. By Senator Griffin of the 25th: A resolution authorizing the conveyance of certain state owned real property located in Hancock County, Georgia. The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate: SR 166. By Senator Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property located in Clinch, Fulton, and Gwinnett Counties, Georgia. SR 260. By Senator Price of the 28th: A resolution designating the William Thomas Overby Memorial Parkway. TUESDAY MARCH 25, 1997 1465 The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 143. By Senators Land of the 16th, Broun of the 46th, Cheeks of the 23rd and others: A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that consolidated governments may create land bank authorities; to provide for definitions; to pro vide for the method of establishment of such authorities by consolidated govern ments; to provide for transition in the event of consolidation of governments having such an authority. The House has agreed to the Senate substitute to the following bill of the House: HB 931. By Representatives Hanner of the 159th, Greene of the 158th and Ponder of the 160th: A bill to provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit. The following resolutions were introduced, read the first time and referred to committees: SR 386. By Senators Stokes of the 43rd, Thomas of the 10th, Tysinger of the 41st and others: A resolution creating the Senate Study Committee on DeKalb County's Form of Government. Referred to Committee on Rules. SR 388. By Senator Price of the 28th: A resolution affirming the commitment of the Senate to principles and actions that give Georgia's children the best chance to become healthy, productive adults. Referred to Committee on Health and Human Services. The following committee reports were read by the Secretary: Mr. President: The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 57. Do pass by substitute. HB 248. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Agriculture has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 360. Do pass. Respectfully submitted, Senator Ragan of the llth District, Chairman 1466 JOURNAL OF THE SENATE Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 299. Do pass. Respectfully submitted, Senator Marable of the 52nd District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the fol lowing bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 609. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 572. Do pass by substitute. HB 673. Do pass. HB 553. Do pass by substitute. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 193. Do pass by substitute. HB 211. Do pass by substitute. HB 100. Do pass. HB 506. Do pass as amended. HB 557. Do pass. HB 567. Do pass as amended. Respectfully submitted, Senator Oliver of the 42nd District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 348. Do pass. Respectfully submitted, Senator Cheeks of the 23rd District, Chairman TUESDAY MARCH 25, 1997 1467 Mr. President: The Committee on Rules has had under consideration the following resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: HR 326. Do pass. SR 291. Do pass. HR 464. Do pass by substitute. HR 425. Do pass. SR 280. Do pass. SR 378. Do pass. SR 371. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman Mr. President: The Committee on State and Local Governmental Operations has had under consider ation the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 401. Do pass. HB 1024. Do pass. HB 461. Do pass. HB 1025. Do pass. HB 535. Do pass by substitute. HB 1026. Do pass. HB 797. Do pass. HB 1027. Do pass. HB 1016. Do pass by substitute. HB 1028. Do pass. HB 1018. Do pass. HB 1029. Do pass. HB 1019. Do pass by substitute. HB 1030. Do pass. HB 1020. Do pass by substitute. HB 1037. Do pass. HB 1021. Do pass. HB 1038. Do pass. HB 1022. Do pass. HB 1045. Do pass. HB 1023. Do pass. Respectfully submitted, Senator Thomas of the 10th District, Chairman The following bills and resolutions were read the second time: HB 57 HB 348 HB 609 SR 291 HB 100 HB 506 HB 673 SR 360 HB 193 HB 553 HR 326 SR 371 HB 211 HB 557 HR 425 SR 378 HB 248 HB 567 HR 464 HB 299 HB 572 SR 280 The President called for the morning roll call, and the following Senators and an swered to their names: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land 1468 JOURNAL OF THE SENATE Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Turner Tysinger Those not answering were Senators: Abernathy Balfour Fort Glanton Johnson of 2nd Streat Tanksley Thomas of 10th Thompson Walker The President led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Huggins of the 53rd introduced the chaplain of the day, Dr. David Hinson, pastor of First Baptist Church, LaFayette, Georgia, who offered scripture reading and prayer. Senator Price of the 28th introduced the doctor of the day, Dr. Caroline Ameado of Sharpsburg, Georgia. The following resolution was read and adopted: SR 387. By Senators Perdue of the 18th and Gillis of the 20th: A resolution strongly urging the United States Congress and the United States International Trade Representative to recognize the economic and environmen tal benefits of Georgia's magnificent forest resources, strongly urging that the Congress and the United States Trade Representative not rescind the interna tional trade agreement limiting the amount of subsidized Canadian lumber im ported duty-free into the United States. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Tuesday, March 25, 1997 THIRTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 401 Ralston, 51st TOWN OF TALKING ROCK Provides a new charter for the town of Talking Rock. HB 461 Madden, 47th CITY OF COMMERCE Amends an Act entitled "An Act to provide a new charter for the City of Com merce," so as to annex certain property into the corporate limits of said municipality. TUESDAY MARCH 25, 1997 1469 *HB 535 Thomas, N., 10th James, 35th Scott, 36th Abernathy, 38th Fort, 39th Egan, 40th Oliver, 42nd CITY OF ATLANTA Amends an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled, so as to increase the amount of the homestead exemption for the City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over. (SUBSTITUTE) HB 797 Blitch, 7th WARE COUNTY Amends an Act creating the State Court of Ware County, so as to provide for the compensation of the Solicitor-General and the Judge of said court. *HB 1016 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Amends an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County. (SUBSTITUTE) HB 1018 Ragan, llth TOWN OF BRINSON AND DECATUR COUNTY Amends an Act incorporating the Town of Brinson in Decatur County to provide for additional and supplemental powers of the town. *HB 1019 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Amends an Act creating the State Court of Richmond County, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general holding office on the effective date of this Act. (SUBSTITUTE) *HB 1020 Walker, 22nd Cheeks, 23rd RICHMOND COUNTY Amends an Act creating the City Court of Richmond County, now the State Court of Richmond, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privi leges, immunities, qualifications, and compensation. (SUBSTITUTE) 1470 JOURNAL OF THE SENATE HB 1021 Huggins, 53rd WALKER COUNTY Amends an Act creating the State Court of Walker County, so as to change the compensation of the secretary of the judge of the state court. HB 1022 Perdue, 18th PULASKI COUNTY Amends an Act providing for the Board of Education of Pulaski County and con solidating and restating provisions of law relative thereto, so as to provide for the nonpartisan election of members without a prior nonpartisan primary. HB 1023 Bowen, 13th CRISP COUNTY Provides a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the as sessed value of the homestead of certain residents of that school district. HB 1024 Thomas, D., 54th MURRAY COUNTY Provides a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that county. HB 1025 Thomas, D., 54th MURRAY COUNTY Provides a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of certain residents of that county. HB 1026 Dean, 31st HARALSON COUNTY Amends the "Haralson County Water Authority Act," so as to change provisions relating to purchasing and sales by the authority. HB 1027 Streat, 19th COFFEE COUNTY Amends an Act creating a board of education of Coffee County, so as to change the compensation of the members of the board of education. HB 1028 Ragan, llth CITY OF BAINBRIDGE Amends an Act creating a new charter for the City of Bainbridge, so as to change the corporate limits of said city. HB 1029 Glanton, 34th Starr, 44th CITY OF FOREST PARK AND CLAYTON COUNTY Amends an Act entitled "An Act to reincorporate the City of Forest Park in the County of Clayton," so as to provide for a city council. TUESDAY MARCH 25, 1997 1471 HB 1030 Turner, 8th LOWNDES COUNTY Amends an Act creating a board of commissioners of Lowndes County, so as to change the composition of that board and provide for districts, elections, qualifi cations, terms, vacancies, powers, duties, voting and quorum. HB 1037 Hooks, 14th LEE COUNTY Amends an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, so as to grant to such county the authority to levy and collect certain franchise fees. HB 1038 Brush. 24th WILKES COUNTY Changes the manner of filling vacancies upon the board of the Hospital Authori ty of Wilkes County. HB 1045 Dean, 31st PAULDING COUNTY Amends an Act creating the Board of Commissioners of Paulding County, so as to amend the provisions relating to the duties and responsibilities of the chairperson of the board of commissioners. The substitutes to the following bills were put upon their adoption: *HB 1016: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1016: A BILL To be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to create a second division of the State Court of Richmond County; to pro vide for the judges of the second division and for their qualifications, selection, duties, re sponsibilities, and compensation; to provide for assignment of matters to the second division; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by designating the existing text of the Act as "Part I" of the Act and by adding thereafter a new Part II to read as follows: "PART II. SECTION 2-1. There is created a second division of the State Court of Richmond County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provi sions of this part. 1472 JOURNAL OF THE SENATE SECTION 2-2. (a)(l) In addition to all other judges of the state court, there shall be one judge of the second division who shall be known as an associate judge of the State Court of Richmond County. The qualifications and election of the associate judge shall be as provided by general law. (2) Except as otherwise provided in this section, said associate judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judge. (b) The initial associate judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring on December 31, 1998, and upon the election and qualification of a successor. SECTION 2-3. (a) The associate judge shall receive a salary of $65,000.00 per annum, payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The associ ate judge is designated as a full-time judge and may not engage in the private practice of law. (b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the associate judge. SECTION 2-4. The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County. SECTION 2-5. (a) The chief judge of the State Court of Richmond County may order that any or all of the following matters shall be automatically assigned to the second division of the court: (1) All cases involving violations of the traffic laws of the State of Georgia; (2) The hearing of applications for and the issuance of arrest and search warrants; (3) The holding of courts of inquiry; and (4) Any other matters within the jurisdiction of the court. (b) The provisions of this section shall not limit the power of the associate judge to hear and decide any matter within the jurisdiction of the court; but the associate judge shall hear and decide only such matters as are assigned to the second division by order of the chief judge. (c) This section shall not limit the power of the associate judge to punish contempts in the same manner as any other judge of state court. (d) The chief judge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County. SECTION 2-6. Such chief judge shall be responsible further for the administration and the expeditious disposition of the business of the state court, both civil and criminal, and shall have power to make such rules as the chief judge shall deem necessary or proper for such purpose but which are not in conflict with the general laws of this state. Such rules, when approved by the chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chief judge shall be vested with the power to make all appointments whenever the law TUESDAY MARCH 25, 1997 1473 provides for the state court judge to make appointments. Such chief judge may by pub lished rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the other judge or judges of said court such business of said court as the chiefjudge shall deem appropriate; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court. SECTION 2-7. The associate judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. *HB 1019: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1019: A BILL To be entitled an Act to amend an Act creating the State Court of Richmond County, ap proved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding, following Section 4, a new Section 4.1 to read as follows: "SECTION 4.1. (a) The solicitor-general of the state court shall be a full-time solicitor-general as pro vided in Code Section 15-18-63 of the O.C.G.A. or any statute which succeeds such Code section. (b) The solicitor-general shall not engage in the private practice of law. (c) The solicitor-general shall receive a salary of $64,000.00 per annum payable in equal monthly installments from the funds of Augusta-Richmond County. Any salary supple ment heretofore enacted by Augusta-Richmond County shall continue to be applicable to the solicitor-general, and Augusta-Richmond County may enact such supplements from time to time. (d) The solicitor-general of the State Court of Richmond County holding office on the effective date of this Act shall continue in office until the expiration of the term of office to which such solicitor-general was elected." 1474 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. *HB 1020: The State and Local Governmental Operations Committee offered the following substi tute to HB 1020: A BILL To be entitled an Act to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifi cations, and compensation; to provide for a chief judge and the powers and duties thereof; to provide for the dividing and allocating of the work and duties of the judges of said court; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding after Section IIA thereof a new section to read as follows: "SECTION IIB. Additional judge. (a) There shall be an additional judge of the State Court of Richmond County. Such additional judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring December 31, 1998, and upon the election and qualification of a successor. The successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January imme diately following his or her election for a term of four years and until his or her successor is elected and qualified. (b) Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County and, except as otherwise provided in this section, the provisions of this Act and of the general law applicable to said present judge, including but not limited to the provisions setting forth the qualifications for holding office as judge, shall apply equally to such additional judge. The judges of said court may preside over any cause and perform any official act as judge thereof. (c)(l) Said additional judge shall receive the same compensation as the present judge of the State Court of Richmond County; provided, however, the chief judge shall receive additional compensation for performing the handling of the administration and opera tion of the State Court of Richmond County. (2) Any salary supplement heretofore enacted by Augusta-Richmond County shall also be applicable to the additional judge. TUESDAY MARCH 25, 1997 1475 (d) The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County. The other judge shall be an associate judge of the State Court of Richmond County. (e) Such chiefjudge shall be responsible for the administration and the expeditious dispo sition of the business of the state court, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by said chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. The chiefjudge shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the judge or judges of said court such business of said court as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court." SECTION 2. This Act shall become effective on June 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. *HB 535: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 535: A BILL To be entitled an Act to amend an Act to provide a homestead exemption of $10,000.00 from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who already resides at such home stead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act, approved March 30, 1989 (Ga. L. 1989, p. 4229), so as to increase the amount of the homestead exemption from City of Atlanta ad valorem taxes to $30,000.00 for persons 65 years of age or over; to provide for applicability; to provide for a referendum and automatic repeal; to provide a homestead exemption from all City of Atlanta School District ad valorem taxes for educational pur poses for the full value of the homestead for certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the proce dures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. An Act to provide a homestead exemption from all City of Atlanta and City of Atlanta School District ad valorem taxes, except ad valorem taxes levied to pay interest on and 1476 JOURNAL OF THE SENATE retire bonded indebtedness, for each resident of the City of Atlanta who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who already resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act, approved March 30, 1989 (Ga. L. 1989, p. 4229), is amended by striking sub section (a) of Section 1 in its entirety and inserting in lieu thereof the following: "(a) Each resident of the City of Atlanta who is 65 years of age or over or disabled is granted an exemption from all City of Atlanta School District ad valorem taxes in the amount of $10,000.00 and each resident who is 65 years of age or over is granted an exemption from all City of Atlanta ad valorem taxes in the amount of $30,000.00 on a homestead owned and occupied by such resident if such resident's adjusted gross income, together with the adjusted gross income of the resident's spouse who also resides at such homestead, does not exceed the maximum amount which may be received by an individ ual and an individual's spouse under the federal Social Security Act. As used in this subsection, the term 'adjusted gross income' shall have the same meaning as defined in the United States Internal Revenue Code of 1986, except that for the purposes of this subsection the term shall include only that portion of income or benefits received as re tirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. The value of the residence in excess of the aboveexempted amount shall remain subject to taxation. The homestead exemption provided for in this Act shall not apply to any ad valorem taxes levied to pay interest on and retire bonded indebtedness." SECTION 2. Said Act is further amended by striking subsection (e) of Section 1 in its entirety and in serting in lieu thereof the following: "(e) The homestead exemption granted by this section shall be cumulative of any other homestead exemption applicable to City of Atlanta School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning on and after January 1, 1998." SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of the City of Atlanta shall call and conduct an election as provided in this sec tion for the purpose of submitting Article 1 of this Act to the electors of the City of Atlanta for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general municipal election in November, 1997, and shall issue the call therefor not less than 30 days nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words: "( ) YES Shall Article 1 of this Act be approved which provides a homestead exemption ( ) NO of $30,000.00 from all City of Atlanta ad valorem taxes, but not ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resi dent of the City of Atlanta who is 65 years of age or over if the resident's adjusted gross income, together with the adjusted gross income of the resi dent's spouse residing at the same homestead, does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act?" All persons desiring to vote for approval of Article 1 of this Act shall vote "Yes," and those persons desiring to vote for rejection of Article 1 of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Article 1 of this Act, it shall TUESDAY MARCH 25, 1997 1477 become of full force and effect immediately. If Article 1 of this Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of Article 1 of this Act shall not become effective and Article 1 of this Act shall be automatically re pealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. ARTICLE II SECTION 4. Said Act is further amended by adding between Sections 1 and 2 a new Section 1A to read as follows: "SECTION 1A. (a) For purposes of this section, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the City of Atlanta School District, includ ing, but not limited to, taxes to retire bonded indebtedness. (2) "Homestead" means homestead as denned and qualified in Code Section 48-5-40 of the O.C.G.A. (3) "Senior Citizen" means a person who is 75 years of age or over on or before January 1 of the year in which application for the exemption under Article II of this Act is made. (b) Not withstanding the provisions of Section 1 of this Act each resident of the City of Atlanta School District who is a senior citizen is granted an exemption on that person's homestead from all City of Atlanta School District ad valorem taxes for educational pur poses for the full value of that homestead. (c) The governing authority of the City of Atlanta or the designee thereof shall provide application forms for the exemption granted by this section and shall require such informa tion as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under Article II of this Act to notify the governing au thority of the City of Atlanta or the designee thereof in the event that person for any reason becomes ineligible for that exemption (e) The exemption granted by Article II this Act shall not apply to or affect any state taxes, county taxes, or municipal taxes for municipal purposes. The homestead exemption granted by Article II of this Act shall be in lieu of and not in addition to any other home stead exemption applicable to City of Atlanta School District ad valorem taxes for educa tional purposes. (f) The exemption granted by Article II of this Act shall apply to all taxable years beginning on or after January 1, 1998." SECTION 5. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election super intendent of the City of Atlanta shall call and conduct an election as provided in this sec tion for the purpose of submitting Article II of this Act to the electors of the City of Atlanta School District for approval or rejection. The election superintendent shall conduct that election on the date of and in conjunction with the general municipal election in November, 1997, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week 1478 JOURNAL OF THE SENATE for two weeks immediately preceding the date thereof in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words: "( ) YES Shall Article II of this Act be approved which provides a homestead exemption ( ) NO from City of Atlanta School District ad valorem taxes for educational purposes for that school district for the full value of homesteads for residents of that school district who are 75 years of age or older?" All persons desiring to vote for approval of Article II of this Act shall vote "Yes," and those persons desiring to vote for rejection of Article II of this Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Article II of this Act, then Section 4 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1998. If Section 4 of Article II of this Act is not so approved or if the election is not conducted as provided in this section, Section 4 of Article II of this Act shall not become effective and Article II of this Act shall be automati cally repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State. ARTICLE III SECTION 6. The issues submitted to the voters as provided for in Sections 3 and 5 of this Act shall be submitted and voted upon separately and the election results on each such question shall not be affected by the election results on the other issue or question. SECTION 7. Except as otherwise provided in Sections 2, 3, and 5 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of the bills on the Local Consent Calendar, roll call was taken, and the vote was as follows. Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes TUESDAY MARCH 25, 1997 1479 Taylor Thomas of 54th Thomas of 10th Thompson Turner Those not voting were Senators: Cagle James Streat Tanksley Tysinger Walker On the passage of the local bills, the yeas were 52, nays 0. The bills on the Local Consent Calendar, except HB 1016, HB 1019, HB 1020 and HB 535, having received the requisite constitutional majority, were passed. HB 1016, HB 1019, HB 1020 and HB 535, having received the requisite constitutional majority, were passed by substitute. SENATE RULES CALENDAR Tuesday, March 25, 1997 THIRTY-EIGHTH LEGISLATIVE DAY HB 889 Elections; inactive voters; removal from voting lists (Substitute) (Amendment) (SLGO-G--10th) Dixon--150th (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 24, 1997.) HB 584 Workers' compensation; drug-free workplace; insurance premium discount (Sub stitute) (Amendment) (I&L--29th) Lane--146th HB 112 Adoption; hard-to-place children (Judy--42nd) Taylor--134th HB 465 Medical assistance; inpatient care for mental diseases (Substitute) (H&HS-- 50th) Williams--114th HB 1013 Death penalty; certain pretrial proceedings; amend provisions (Judy--42nd) Crawford--129th HB 204 General appropriations; FY 1997-98 (Substitute) (Approp--14th) Murphy--18th HB 600 Hospitals; certain transfers of assets; provisions (Substitute) (H&HS--50th) Skipper---137th HB 324 Victim assistance; include magistrate court fines (Judy--4th) Campbell--42nd HB 355 Insurers; authorized investments; include certain foreign governments (I&L-- 29th) Teper--61st HB 180 Schools; certain students; provide scholastic information (Ed--44th) Hecht-- 97th HB 524 Superior court clerks; uniform information system; real property records (S Judy--40th) Martin--47th HB 869 Motor vehicle titles; certain exclusions; remove weight limit (Trans--48th) Ray--128th HB 866 Golf Hall of Fame Authority Act; enact (EDT&CA--22nd) Connell--115th HB 431 Retail Installment and home solicitation; revolving accounts (ST&I--41st) Byrd--170th 1480 JOURNAL OF THE SENATE HB 573 Insurance; Investment Pool Act of 1997; enact (Substitute) (I&L--30th) Culbreth-- 132nd HB 123 Code of Georgia; corrections (Judy--42nd) Walker--141st HB 620 Out-of-state bail jumping; property bonds; amend provisions (Substitute) (S Judy--48th) Randall--127th HB 420 Professional Practices Commission; amend provisions (Substitute) (Ed--llth) O'Neal--75th HB 689 Marriage licenses and vital records; application supplement-marriage report form (S Judy--48th) Channell--lllth HB 393 Education; State Board develop character curriculum (Ed--29th) Epps--131st HR 48 Board of Regents; admissions; urge priority to Georgia residents (H Ed--41st) Johnston--81st HR 44 Carbon monoxide poisoning danger; urge public alert (Rules--36th) Pelote-- 149th HB 761 Georgia Commission on Women; amend provisions (Judy--42nd) Davis--48th HB 845 "Shoot the Bull"; "Slosheye Trail Big Pig Jig"; official cookoffs (SLGO-G--48th) Floyd--138th HB 830 Private home care providers; certain volunteer services; exempt from provisions (H&HS--50th) Connell--115th HB 307 Financial institutions; garnishment; additional requirements (Substitute) (Judy--42nd) Smith--109th HB 570 Financial institutions; certain checks; prohibit fee for cashing (B&FI--31st) Murphy--18th HB 963 Griffin Judicial Circuit; superior court judges; supplement (SLGO-G--28th) Crawford--129th HB 273 Medical assistance; certain unused drugs; long-term care facilities (Substitute) (H&HS--47th) Childers--13th HB 284 Child or spousal support; amend provisions (Substitute) (Judy--12th) Baker-- 70th HB 604 Natural resources; environmental testing laboratories; accreditation (Nat R-- 16th) Dobbs--92nd HB 374 Public accountants; registration; amend provisions (Judy--42nd) Powell--23rd HB 888 Telephones; toll-free calling areas; 22-mile radius (Substitute) (F&PU--18th) Carter--166th HB 650 Handicapped persons; community trusts; successor trusts (Judy--42nd) Mar tin--47th HB 339 Employees' Retirement; qualify for federal tax treatment (Ret--5th) Cummings--27th TUESDAY MARCH 25, 1997 1481 HB 321 Subpoenas for certain depositions; attorneys may issue (S Judy--6th) Tolbert-- 25th HB 745 Georgia Arbitration Code; contracts between insurance companies; applicability (I&L--29th) Powell--23rd HB 470 Hazardous materials; certain spills or releases; property lien (Nat R--3rd) Dobbs--92nd HB 213 Supplemental appropriations; Department of Labor (Approp--14th) Coleman-- 142nd) HB 612 Waste management; disposition of certain facilities; public hearings (Nat R-- 47th) Shanahan--10th HB 326 Law enforcement agency; investigate; missing Alzheimer's patient (Pub Saf-- 39th) Teague--58th HB 245 Wills; minors; adoption; born out of wedlock; year's support (Substitute) (S Judy--40th) Baker--70th HB 635 Elections; write-in candidates; notice of intent; change date (Substitute) (Amendments) (SLGO-G--10th) Holmes--53rd HB 803 Local governments; certain authorities; prohibit certain activities (F&PU--31st) Murphy--18th HB 574 Drivers' licenses and ID cards; social security number; prohibit; exception (Trans--37th) Grindley--35th HB 517 Income tax; credit; qualified caregiving expenses (Substitute) (F&PU--44th) Sherrill--62nd HB 125 Superior court judges; personnel; amend provisions (Judy--16th) Walker-- 141st HB 124 District attorneys and personnel; compensation (Substitute) (Judy--37th) Walker--141st HB 719 Local governments; payment of rewards; increase amount (SLGO-G--10th) Orrock--56th HB 841 Registered professional nurses; display of title; amend provisions (H&HS-- 10th) Henson--65th HB 183 Criminal records; purge if person arrested but not charged (Substitute) (Judy-- 37th) Randall--127th HB 533 Property; nonconforming liens; provisions (Substitute) (S Judy--48th) Shanahan--10th HB 487 Motor vehicles; license plates and registration; amend provisions (Substitute) (Pub Saf--12th) Baker--70th HB 914 Georgia Military College; certain students; scholarship grants (Substitute) (H Ed--4th) Purcell--147th HB 322 Building permits; information relative to certain liens (Substitute) (EDT&CA-- 46th) Stancil--91st 1482 JOURNAL OF THE SENATE HB 429 Real property; appraisal; uniform procedural manual (F&PU--1st) Day--153rd HB 497 Children and youth services; damage to apparel; employees' compensation (YA&HE--3rd) Sinkfield--57th HB 558 Treasury and Fiscal Services; records access; authorized investments (SLGO -G--8th) Royal--164th HB 663 Enterprise Zone Employment Act of 1997; enact (Substitute) (EDT&CA--33rd) Jamieson--22nd HB 712 Deceptive trade practices; judgments; amend provisions (C Aff--55th) Skipper-- 137th HB 172 Real estate appraisers; amend provisions (Substitute) (C Aff--55th) Powell-- 23rd HB 173 Real estate brokers and salespersons; licenses; amend provisions (Substitute) (C Aff--55th) Powell--23rd HB 834 Wine sales; local governments designate special entertainment districts (C Aff-- 46th) Ashe--46th HB 378 Tax credits; certain businesses; extend exemption (F&PU--13th) Holland-- 157th HB 1008 Tallapoosa Judicial Circuit; juvenile court judge (SLGO-G--10th) Cummings-- 27th HB 695 Motorcycles; operator safety training program; transfer certain powers (Trans-- 24th) Twiggs--8th HB 152 Judicial sales; legal advertisement; official organ (Amendment) (S Judy--40th) Birdsong--123rd HR 366 Internet access; tax exempt; consensus of General Assembly (ST&I--41st) Buck--135th HB 369 Civil practice; opening and concluding arguments; party entitled (Amendment) (Judy--37th) Bordeaux--151st HB 347 State Courts; jurisdiction; certain marijuana possession (Amendment) (Judy-- 16th) Crawford--129th HB 126 Children and youth services; revise Code (Substitute) (Judy--42nd) Walker-- 141st HB 651 Death of person in another's care; required notification (Substitute) (S Judy-- 2nd) Mueller--152nd HB 755 Children and youth services; certain employees; designate as peace officers (Pub Saf--19th) Parrish--144th HB 398 Speed detection devices; radar; sheriffs approve use (Amendment) (Trans-- 19th) Jenkins--110th HB 505 Fire protection sprinkler contractor; licensure (C Aff--1st) Snow--2nd HB 592 Venue; long-arm statute; amend provisions (Judy--51st) Reichert--126th TUESDAY MARCH 25, 1997 1483 HB 419 Ad valorem tax; heavy-duty equipment motor vehicles; provisions (Substitute) (F&PU--33rd) Jamieson--22nd HB 197 Georgia Suggestion System Act; employee nominations (SLGO-G--10th) Sherrill--62nd Respectfully submitted /s/ Scott of the 36th, Chairman Senate Rules Committee The following general bill, having been read the third time, and final action suspended on March 24, 1997, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 889. By Representatives Dixon of the 150th, Lee of the 94th, Walker of the 141st and others: A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide new methods for identifying and removing from voting lists inactive electors who have had no contact with the election process; to provide for maintenance of an inactive list of electors. Senate Sponsor: Senator Thomas of the 10th. The substitute offered by Senator Dean of the 31st, et al. and adopted on March 24, as it appears in the Journal of March 24, was automatically reconsidered. The Clay amendment to the substitute, adopted on March 24, appears in the Journal of March 24. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted as amended. The committee amendment adopted on March 24 is moot due to the adoption of the Dean substitute. The report of the committee which was favorable to the passage of the bill as amended, was agreed to by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker 1484 JOURNAL OF THE SENATE Those not voting were Senators: Brush Clay Glanton James Land Tanksley On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills, having been read the third time, were put upon their passage: HB 584. By Representatives Lane of the 146th, Golden of the 177th, Dobbs of the 92nd and others: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, underwriting rules, and related organi zations, so as to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs. Senate Sponsor: Senator Langford of the 29th. The Senate Insurance and Labor Committee offered the following substitute to HB 584: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the inapplicability of certain provisions of law to surplus line insurance; to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs; to change the priority of distribution of claims from an insurer's estate; to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to change certain provisions relating to insurance premium discounts; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-5-21.1 to read as follows: "33-5-21.1. Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9." SECTION 2. Said title is further amended by striking Code Section 33-9-40.2, relating to workers' com pensation insurance premium discounts for insureds with drug-free workplace programs, and inserting in its place the following: "33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer not less than a 5 7 1/2 percent reduction in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. TUESDAY MARCH 25, 1997 1485 (b)(l) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers' Compensation and shall continue for a period not to exceed ftrnr eight years; provided, however, an insurer shall not be re quired to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the fuui eight years in which such premium discount is granted. Thereafter, any premium discount pursuant to this article shall be determined from the insured's experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. (2) With respect to an insured which is not rated upon experience, any premium dis count given an insured pursuant to this article after the initial fuui-yeai eight-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization desig nated by the Commissioner pursuant to this chapter. (c) The workers' compensation insurance policy of an insured shall be subject to an addi tional premium for the purposes of reimbursement of a previously granted premium dis count and to cancellation in accordance with the provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepre sented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34. (d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures re ported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any premium adjustment. The drug-free workplace credits must be reported under a unique classifica tion code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to this chapter. (e) The Commissioner shall conduct a study to determine the impact of this chapter on reducing workers' compensation losses and on the impact of the premium credit provided pursuant to this Code section in encouraging employers to implement and maintain the program for which the credit is providedT (e) (f) The Commissioner shall be authorized to promulgate rules and regulations necessary~for the implementation and enforcement of this Code section." SECTION 3. Said title is further amended by striking Code Section 33-37-41, relating to priority of dis tribution of claims from an insurer's estate, and inserting in lieu thereof a new Code section to read as follows: "33-37-41. For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies, the fire priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) Class 1. The costs and expenses of administration during rehabilitation and liqui dation, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; 1486 JOURNAL OF THE SENATE (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty associa tion for unallocated loss adjustment expenses; (Z) uiass z. iteasuj:iauie cumpeii u^-cca lui BCIVILBB jjciluiiucU tu tne ex- ternrtfaat Liic^y WUTtr-ftn OCl V irdatt Aueeu. LWU months ufmun PL! rab jliLatiun ^.ict^hciunic--id--l--iq--u--id--ar.tlU blelf, oWi e the filing of the ilhiii oim yeai befuie petition -ror Llie filing of the mrrfri iitaii i diiettoib bhall nut be mil" 1 - 1 ' -tare LIJ.1O utheiwUJC Ct^JJJJ md the ,.,i, .... CUUll. kjul.ll pi v-dTHlHF-trH-inmf any uthe authur- termigC, 110CI tilI1L 111 C1I1|Jlu_ycca All claims under policies, includ- ing third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advan tages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or Fy way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his employee shall be treated as a gratuity; \ij) OlclSS o. AJ.1 ClcllliiS mluet' ^jGllCltJti, including sU.Cli ClililllS OI tllG I6tl&rfl.l or &iiy sL^.lt; or luCiil ov t;i'iiiiicj.it lui losses mcuirsci, liicrticinj.^ tliiru~jj&.i'iiy cl&iiiis 1 cuuVel cQ Dy til6 01ctlillSintj Sllctll HOt D6 lHClU.C16tJ ul tlllS CltiSti OtilSi* til3.11 utiUSlltS Ol" &u.v &.ilt&.^t!S FfcCOVGlcCl OT lleCGVt;i'ci.ulti ITT dischaige of familial obligation of suppuit ui liy way uf succession at dealli 01 as pro- ct;t:uS ul lilc iii&ui anCc ui as gicttuiticB. Nu payment uy tin cinplu_yt:i LO liis ciiiplu^ ce shall be tieated as a giatuily Claims of the federal government except those under Class 2; 4. (_/lfctiiiiB uililcl* 110IllSscBBfciOle pOliCitJB lor U.H6 i Ol C companies in tlieu capacity as such Reasonable compensation to employees for services performed to the extent that such compensation does not exceed two months of mone tary compensation and does not represent payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liqui dation, within one year before the filing of the petition for rehabilitation. Principle officers and directors shall not be entitled to the benefit of this priority except as other wise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (5) Class 5. Claims uf the fedeial ui any stale ui lucal government, exujyl lliuse under Class 3. Claims, including tliuse of any governmental budy fui a penalty ui fuifeituie, shall be allowed in this class only tu Hie extent of Lhu pecuniaiy luhh bubtdined fium the tiCL, Lila.iiSo.CtiOllj O1T prOCtJcdiil^ Ollt OI WliiCli tlic pcli3.1ty UIL lui leitui't! d.lnOSe wltll l*ctiSOll~ l Custs uuC3.SlGiit;u. tiitJi'euy. jrrlG I'tjiiifcniidci* Ol SUCll C13.1THS Slio.ll uc punuu. tu tile ClciriS OI Clanj.iS c8t3.ullSll.6CI u.iiut;i p fl.r 3.T ilpll \o) OT tlllS vjOQ.6 st;Ctlull Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as sucE; TUESDAY MARCH 25, 1997 1487 (,Oj O13.SS D. (_/la.iiiici lilcCi. Icttt; ui* tt-LLy OLlitJi' Cl&iiiib "011161" tJ.Q3.Il CitlllllS UlluSi' jj--Homemakers Services $ 8,100,101 County DFACS Operation !--Joint and Administration $ 65,680,890 County DFACS Operation i--Employability Program $ 21,646,040 Employability Benefits $ 40,532,515 Legal Services $ 3,190,503 Family Foster Care $ 31,595,512 Institutional Foster Care $ 9,833,396 State Funds $ 556,137 $ 3,653,534 $ 4,123,810 $ 3,764,995 $ 605,307 $ 995,711 $ 2,078,338 $ 13,321,801 $ 1,431,149 $ 7,461,527 $ 119,085,713 $ 1,122,012 $ 0 $ 0 $ 56,908,659 $ 35,629,745 $ 0 $ 2,199,267 $ 32,550,567 $ 8,072,596 $ 16,136,742 $ 2,420,990 $ 17,676,422 $ 6,239,845 TUESDAY MARCH 25, 1997 1511 Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach--Contracts Special Projects Children's Trust Fund Indirect Cost Total 5,146,142 17,461,167 11,544,785 117,320,622 0 3,645,296 2,343,550 0 1,053,497,075 4,248,383 13,379,408 7,408,642 38,486,937 0 2,549,089 2,343,550 (8,676,529) 395,774,347 5. Community Mental Health/Mental Retardation and Institutions: Personal Services ........................................... .$334,053,920 Operating Expenses .......................................... .$57,764,669 Motor Vehicle Equipment Purchases .............................. $200,000 Utilities...................................................... $11,707,133 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$286,611,908 Total Funds Budgeted ....................................... .$692,465,420 Indirect DOAS Services Funding ................................. $2,404,100 Departmental Functional Budgets Total Funds Southwestern State Hospital $ 39,622,146 Brook Run $ 22,524,432 Georgia Mental Health Institute $ 24,624,835 Georgia Regional Hospital at Augusta $ 20,553,631 Northwest Regional Hospital at Rome $ 27,480,546 Georgia Regional Hospital at Atlanta $ 29,548,290 Central State Hospital $ 125,604,724 Georgia Regional Hospital at Savannah $ 19,550,810 Gracewood State School and Hospital $ 52,051,765 West Central Regional Hospital $ 19,944,994 Outdoor Therapeutic Programs $ 3,963,028 Metro Drug Abuse Centers $ 955,651 Community Mental Health Services $ 135,893,401 Community Mental Retardation Services $ 96,251,294 Community Substance Abuse Services $ 58,126,801 State Administration $ 11,061,874 Regional Administration $ 4,707,198 Total $ 692,465,420 Budget Unit Object Classes: Personal Services ....................... Regular Operating Expenses ............. Travel ................................. Motor Vehicle Purchases ................. Equipment ............................. Real Estate Rentals ..................... State Funds $ 25,059,080 $ 5,686,318 $ 22,707,033 $ 18,666,739 $ 20,608,447 $ 24,993,299 $ 83,820,053 $ 17,869,489 $ 20,697,293 $ 17,158,755 $ 3,054,093 $ 894,497 $ 129,877,561 $ 65,078,815 $ 32,529,121 $ 7,174,217 $ 4,065,967 $ 499,940,777 $558,052,245 $92,462,527 $4,772,738 $1,824,260 $1,417,928 $13.830.673 1512 JOURNAL OF THE SENATE Per Diem, Fees and Contracts .................................. $41,165,394 Computer Charges ............................................ $35,416,597 Telecommunications ........................................... $14,307,781 Operating Expenses ........................................... $57,764,669 Major Maintenance and Construction............................. $2,127,790 Community Services......................................... .$286,611,908 Case Services ................................................. $29,580,191 Children's Trust Fund .......................................... $2,343,550 Cash Benefits................................................$371,492,647 Special Purpose Contracts....................................... $8,003,215 Service Benefits for Children ................................. .$265,401,797 Purchase of Service Contracts .................................. $88,877,836 Grant-in-Aid to Counties ...................................... $128,141,884 Institutional Repairs and Maintenance ............................ $328,714 Utilities..................................................... .$12,466,783 Postage .......................................................$4,620,230 Payments to DMA-Community Care ............................. $17,942,073 Grants to County DFACS - Operations ......................... $305,074,889 Medical Benefits ............................................... $4,347,222 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism .......... .$19,740,901 Personal Services .............................................. $9,596,287 Regular Operating Expenses .................................... $1,503,726 Travel ......................................................... $387,465 Motor Vehicle Purchases .......................................... $16,200 Equipment ...................................................... $64,757 Computer Charges .............................................. $149,780 Real Estate Rentals ............................................. $850,559 Telecommunications ............................................. $335,700 Per Diem, Fees and Contracts ................................... $1,284,638 Local Welcome Center Contracts .................................. $191,600 Marketing..................................................... $5,536,189 Georgia Ports Authority Lease Rentals .................................. $0 Foreign Currency Reserve .............................................. $0 Waterway Development in Georgia ................................. $50,000 Lanier Regional Watershed Commission ................................. $0 Total Funds Budgeted ......................................... $19,966,901 State Funds Budgeted ......................................... $19,740,901 Departmental Functional Budgets Total Funds Administration $ 7,921,696 Economic Development $ 3,645,451 Trade $ 1,591,779 Tourism $ 5,243,484 Georgia Legacy $ 964,204 Strategic Planning and Research $ 600,287 Total $ 19,966,901 State Funds $ 7,921,696 $ 3,645,451 $ 1,591,779 $ 5,017,484 $ 964,204 $ 600,287 $ 19,740,901 Section 18. Department of Insurance. Budget Unit: Department of Insurance ............................ $15,419,048 Personal Services ............................................. $13,749,193 Regular Operating Expenses ..................................... $800,728 Travel ......................................................... $534,074 TUESDAY MARCH 25, 1997 1513 Motor Vehicle Purchases .......................................... $50,000 Equipment ..................................................... $113,558 Computer Charges .............................................. $199,213 Real Estate Rentals ............................................. $825,294 Telecommunications ............................................. $342,424 Per Diem, Fees and Contracts .................................... $211,219 Health Care Utilization Review ......................................... $0 Total Funds Budgeted ........................................ .$16,825,703 State Funds Budgeted ......................................... $15,419,048 Departmental Functional Budgets Total Funds Internal Administration $ 4,153,012 Insurance Regulation $ 6,273,322 Industrial Loans Regulation $ 548,178 Fire Safety and Mobile Home Regulations $ 5,226,191 Special Insurance Fraud Fund $ 625,000 Total $ 16,825,703 State Funds $ 4,153,012 $ 6,273,322 $ 548,178 $ 3,819,536 $ 625,000 $ 15,419,048 Section 19. Department of Labor. Budget Unit: Department of Labor ................................ $10,514,020 Personal Services ............................................. $72,310,418 Regular Operating Expenses .................................... $6,213,740 Travel ........................................................ $1,305,910 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $457,047 Computer Charges ............................................. $3,058,815 Real Estate Rentals ............................................ $1,888,123 Telecommunications ............................................ $1,465,339 Per Diem, Fees and Contracts (JTPA) ........................... $60,500,000 Per Diem, Fees and Contracts ................................... $3,182,943 W.I.N. Grants ........................................................ $0 Payments to State Treasury ..................................... $1,774,079 Capital Outlay........................................................ $0 Total Funds Budgeted ....................................... .$152,156,414 State Funds Budgeted ........................................ .$10,514,020 Section 20. Department of Law. Budget Unit: Department of Law ................................. $12,636,615 Personal Services ............................................. $11,884,728 Regular Operating Expenses ..................................... $638,449 Travel ......................................................... $179,322 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $27,686 Computer Charges .............................................. $311,601 Real Estate Rentals ............................................. $856,234 Telecommunications ............................................. $140,424 Per Diem, Fees and Contracts ..................................... $60,000 Books for State Library .......................................... $147,000 Total Funds Budgeted ........................................ .$14,245,444 State Funds Budgeted ......................................... $12,636,615 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services .............................. $1,164,025,138 Personal Services ............................................. $16,700,652 1514 JOURNAL OF THE SENATE Regular Operating Expenses .................................... $5,314,019 Travel ......................................................... $188,400 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $51,500 Computer Charges ........................................... .$42,678,090 Real Estate Rentals ............................................. $765,380 Telecommunications ............................................. $475,000 Per Diem, Fees and Contracts ................................. $100,384,768 Medicaid Benefits, Penalties and Disallowances................ $3,206,081,088 Audit Contracts ................................................. $772,500 Total Funds Budgeted ...................................... $3,373,411,397 State Funds Budgeted ...................................... $1,164,025,138 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,704,185 $ 852,092 Benefits, Penalties and Disallowances $ 3,206,081,088 $ 1,119,084,068 System Management $ 49,550,371 $ 10,979,284 Indemnity Chronic Care $ 1,731,766 $ 697,496 Maternal and Child Health $ 1,794,740 $ 804,531 Reimbursement Services $ 9,045,035 $ 3,575,157 Indemnity Acute Care $ 3,494,960 $ 1,484,009 Legal and Regulatory $ 5,608,422 $ 2,804,211 Managed Care $ 5,007,973 $ 2,394,612 General Administration $ 89,392,857 $ 21,349,678 Total $ 3,373,411,397 $ 1,164,025,138 B. Budget Unit: Indigent Trust Fund ............................ .$148,828,880 Per Diem, Fees and Contracts ................................... $8,200,000 Benefits .....................................................$368,962,635 Total Funds Budgeted ........................................ $377,162,635 State Funds Budgeted ....................................... .$148,828,880 Section 22. Merit System of Personnel Administration. Budget Unit: Merit System Of Personnel Administration .................... $0 Personal Services .............................................. $8,895,622 Regular Operating Expenses .................................... $2,490,055 Travel ......................................................... $111,100 Equipment ...................................................... $30,453 Real Estate Rents ............................................... $882,021 Per Diem, Fees and Contracts ................................ .$190,833,213 Computer Charges ............................................. $3,412,707 Telecommunications ............................................. $447,820 Health Insurance Payments .................................. .$890,662,994 Total Funds Budgeted ...................................... $1,097,765,985 Other Agency Funds............................................. $157,372 Agency Assessments........................................... $11,989,104 Employee and Employer Contributions ....................... $1,085,368,105 Deferred Compensation .......................................... $251,404 State Funds Budgeted ................................................. $0 TUESDAY MARCH 25, 1997 1515 Departmental Functional Budgets Total Funds Executive Office $ 2,823,025 Human Resource Administration $ 4,996,369 Employee Benefits $ 1,085,623,267 Internal Administration $ 3,722,371 Personnel Practices Evaluation Audits $ 600,953 Total $ 1,097,765,985 State Funds $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ................. $92,374,095 Personal Services .............................................$73,040,600 Regular Operating Expenses ................................... $14,340,726 Travel ......................................................... $577,370 Motor Vehicle Purchases ........................................ $1,058,500 Equipment .................................................... $2,079,533 Real Estate Rentals ............................................ $2,378,593 Per Diem, Fees and Contracts ................................... $6,189,651 Computer Charges .............................................. $867,508 Telecommunications ............................................ $1,308,340 Authority Lease Rentals .......................................... $98,600 Advertising and Promotion ....................................... $575,000 Cost of Material for Resale ...................................... $2,857,663 Capital Outlay: New Construction ............................................... $878,810 Repairs and Maintenance ....................................... $3,088,000 Land Acquisition Support ........................................ $213,750 Wildlife Management Area Land Acquisition ....................... $737,330 Shop Stock--Parks .............................................. $350,000 User Fee Enhancements ........................................ $1,300,000 Buoy Maintenance ............................................... $26,250 Waterfowl Habitat .................................................... $0 Paving at State Parks and Historic Sites........................... $500,000 Grants: Land and Water Conservation .................................... $800,000 Georgia Heritage 2000 Grants .................................... $256,500 Recreation .................................................... $1,000,000 Chattahoochee River Basin Grants ................................ 2,900,000 Contracts: Paralympic Games .................................................... $0 Technical Assistance Contract .......................................... $0 Corps of Engineers (Cold Water Creek State Park).................. $170,047 Georgia State Games Commission................................. $202,000 U.S. Geological Survey for Ground Water Resources ................. $300,000 U.S. Geological Survey for Topographic Mapping.......................... $0 Payments to Civil War Commission .................................. $31,000 Hazardous Waste Trust Fund ..................................... $7,380,472 Solid Waste Trust Fund .......................................... $6,792,756 Payments to Georgia Agricultural Exposition Authority............... $2,039,523 Payments to Mclntosh County ...................................... $100,000 Georgia Boxing Commission .......................................... $6,000 Total Funds Budgeted ......................................... .$134,444,522 Receipts from Jekyll Island State Park Authority ..................... $890,073 Receipts from Stone Mountain Memorial Association ................. $3,814,889 Receipts from Lake Lanier Islands Development Authority. .......... .$2,663,931 1516 JOURNAL OF THE SENATE Receipts from North Georgia Mountain Authority .................... $1,426,635 Indirect DOAS Funding............................................ $200,000 State Funds Budgeted .......................................... .$92,374,095 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 4,752,999 $ 4,737,999 Program Support $ 2,891,966 $ 2,891,966 Historic Preservation $ 2,646,607 $ 2,156,607 Parks, Recreation and Historic Sites $ 42,800,147 $ 16,393,042 Coastal Resources $ 2,146,884 $ 2,022,166 Wildlife Resources $ 33,098,099 $ 27,849,678 Environmental Protection $ 45,099,730 $ 35,314,547 Pollution Prevention Assistance $ 1,008,090 $ 1,008,090 Total $ 134,444,522 $ 92,374,095 B. Budget Unit: Georgia Agricultural Exposition Authority ................... $0 Personal Services .............................................. $2,655,208 Regular Operating Expenses .................................... $1,993,200 Travel .......................................................... $25,000 Motor Vehicle Purchases .......................................... $30,000 Equipment ..................................................... $100,000 Computer Charges ............................................... $20,000 Real Estate Rentals ................................................... $0 Telecommunications .............................................. $50,000 Per Diem, Fees and Contracts .................................... $695,000 Capital Outlay........................................................ $0 Total Funds Budgeted .......................................... $5,568,408 State Funds Budgeted ................................................. $0 Departmental Functional Budgets Total Funds Georgia Agricultural Exposition Authority $ 5,568,408 State Funds $ 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety ....................... $97,200,390 1. Operations Budget: Personal Services ............................................ .$59,549,008 Regular Operating Expenses .................................... $8,205,646 Travel ......................................................... $104,095 Motor Vehicle Purchases ........................................ $2,100,000 Equipment ..................................................... $288,460 Computer Charges ............................................. $3,501,067 Real Estate Rentals .............................................. $28,962 Telecommunications ............................................ $1,944,147 Per Diem, Fees And Contracts ................................... $1,194,000 State Patrol Posts Repairs and Maintenance ....................... $145,100 Capital Outlay........................................................ $0 Conviction Reports .................................................... $0 Total Funds Budgeted ......................................... $77,060,485 Indirect DOAS Service Funding.................................. $1,650,000 State Funds Budgeted ......................................... $75,410,485 2. Driver Services Budget: Personal Services ............................................ .$17,726,796 TUESDAY MARCH 25, 1997 1517 Regular Operating Expenses .................................... $1,110,763 Travel .......................................................... $54,381 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $47,643 Computer Charges .................................................... $0 Real Estate Rentals .............................................. $47,262 Telecommunications ............................................. $270,000 Per Diem, Fees and Contracts .................................... $271,500 Capital Outlay........................................................ $0 Conviction Reports .............................................. $303,651 State Patrol Posts Repairs and Maintenance ........................ $34,900 Driver License Processing ....................................... $1,923,009 Total Funds Budgeted ......................................... $21,789,905 Indirect DOAS Service Funding......................................... $0 State Funds Budgeted ........................................ .$21,789,905 Departmental Functional Budgets Total Funds State Funds Administration $ 19,068,583 $ 17,568,583 Driver Services $ 21,789,905 $ 21,789,905 Field Operations Total $ 57,991,902 $ 57,841,902 $ 98,850,390 $ 97,200,390 B. Budget Unit: Units Attached for Administrative Purposes Only...........................................................$13,972,007 Attached Units Budget: Personal Services .............................................. $7,930,678 Regular Operating Expenses .................................... $2,601,484 Travel .......................................................... $99,663 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $219,153 Computer Charges .............................................. $143,819 Real Estate Rentals ............................................. $156,997 Telecommunications ............................................. $179,113 Per Diem, Fees and Contracts .................................... $553,890 Highway Safety Grants ......................................... $2,425,200 Peace Officers Training Grants .................................. $3,536,527 Total Funds Budgeted ......................................... $17,846,524 State Funds Budgeted ........................................ .$13,972,007 Departmental Functional Budgets Total Funds Office of Highway Safety $ 3,040,299 Georgia Peace Officers Standards and Training $ 1,388,880 Police Academy $ 1,201,957 Fire Academy $ 1,108,139 Georgia Firefighters Standards and Training Council $ 505,879 Georgia Public Safety Training Facility $ 10,601,370 Total $ 17,846,524 State Funds $ 315,782 $ 1,388,880 $ 1,111,957 $ 998,139 $ 505,879 $ 9,651,370 $ 13,972,007 Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System.......... .$15,110,000 Payments to Employees' Retirement System....................... $1,472,500 1518 JOURNAL OF THE SENATE Employer Contributions........................................ $13,637,500 Total Funds Budgeted ......................................... $15,110,000 State Funds Budgeted ......................................... $15,110,000 Section 26. Public Service Commission. Budget Unit: Public Service Commission ............................ $8,182,453 Personal Services .............................................. $7,201,904 Regular Operating Expenses ..................................... $657,063 Travel ......................................................... $293,318 Motor Vehicle Purchases ......................................... $187,500 Equipment ...................................................... $74,946 Computer Charges .............................................. $413,307 Real Estate Rentals ............................................. $330,108 Telecommunications ............................................. $160,234 Per Diem, Fees and Contracts ................................... $1,266,590 Total Funds Budgeted ........................................ .$10,584,970 State Funds Budgeted .......................................... $8,182,453 Administration Transportation Utilities Total Departmental Functional Budgets Total Funds $ 2,056,781 $ 3,660,177 $ 4,868,012 $ 10,584,970 State Funds $ 2,056,781 $ 1,487,052 $ 4,638,620 $ 8,182,453 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction............................ $1,195,890,458 Personal Services: Educ., Gen., and Dept. Svcs ................................. $1,267,200,618 Sponsored Operations ....................................... .$204,900,000 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$329,530,456 Sponsored Operations ....................................... .$146,225,000 Special Funding Initiative...................................... $25,929,932 Office of Minority Business Enterprise ............................ $1,211,649 Student Education Enrichment Program ........................... $340,676 Forestry Research ............................................... $713,927 Research Consortium ........................................... $6,085,000 Capital Outlay .................................................. $359,000 Total Funds Budgeted ...................................... $1,982,496,258 Departmental Income.......................................... $42,000,000 Sponsored Income ............................................ $351,125,000 Other Funds.................................................$390,441,300 Indirect DOAS Services Funding ................................. $3,039,500 State Funds Budgeted ...................................... $1,195,890,458 B. Budget Unit: Regents Central Office and Other Organized Activities. .................................................... .$172,715,878 Personal Services: Educ., Gen., and Dept. Svcs .................................. .$264,005,499 Sponsored Operations ........................................ .$70,533,799 Operating Expenses: Educ., Gen., and Dept. Svcs .................................. .$126,688,774 Sponsored Operations ......................................... $42,274,927 Fire Ant and Environmental Toxicology Research ......................... $0 Agricultural Research .......................................... $2,396,860 TUESDAY MARCH 25, 1997 1519 Advanced Technology Development Center/Economic Development Institute ....................................... $13,914,056 Capitation Contracts for Family Practice Residency ................ $3,864,204 Residency Capitation Grants .................................... $2,119,378 Student Preceptorships .......................................... $146,400 Mercer Medical School Grant .................................... $7,000,000 Morehouse School of Medicine Grant ............................. $5,868,890 Capital Outlay........................................................ $0 Center for Rehabilitation Technology ............................. $3,010,215 SREB Payments ............................................... $4,653,750 Medical Scholarships ........................................... $1,356,661 Regents Opportunity Grants...................................... $600,000 Regents Scholarships ............................................ $200,000 Rental Payments to Georgia Military College ...................... $1,273,869 CRT Inc. Contract at Georgia Tech Research Institute ............... $193,815 Direct Payments to the Georgia Public Telecommunications Commission for Operations ................................... $15,412,786 Total Funds Budgeted ........................................ $565,513,883 Departmental Income.................................................. $0 Sponsored Income ........................................... .$121,662,552 Other Funds................................................ .$270,591,953 Indirect DOAS Services Funding .................................. $543,500 State Funds Budgeted ....................................... .$172,715,878 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center 2,228,796 1,406,713 Skidaway Institute of Oceanography 4,699,154 1,522,533 Marine Institute 1,530,184 968,184 Georgia Tech Research Institute $ 106,122,181 8,883,098 Advanced Technology Development Center/ Economic Development Institute 13,914,056 6,846,134 Agricultural Experiment Station 66,374,746 37,554,093 Cooperative Extension Service 53,727,624 30,652,404 Medical College of Georgia Hospital and Clinics 252,373,155 31,468,213 Veterinary Medicine Experiment Station 2,867,909 2,867,909 Veterinary Medicine Teaching Hospital 5,027,371 526,371 Joint Board of Family Practice 24,578,985 24,578,985 Georgia Radiation Therapy Center 3,172,696 0 Athens and Tifton Veterinary Laboratories 3,353,970 0 Regents Central Office 25,543,056 25,441,241 Total 565,513,883 172,715,878 C. Budget Unit: Georgia Public Telecommunications Commission ............................................................ $0 Personal Services ..............................................$9,581,916 Operating Expenses ........................................... $18,233,490 Total Funds Budgeted ......................................... $27,815,406 Other Funds..................................................$27,815,406 State Funds Budgeted ................................................. $0 D. Budget Unit: Lottery for Education ............................. $34,174,422 Equipment, Technology and Construction Trust Fund ............ .$15,000,000 1520 JOURNAL OF THE SENATE Georgia Public Telecommunications Commission ................... $1,500,000 Internet Connection Initiative ................................... $6,454,422 Special Funding Initiatives ..................................... $10,100,000 Fernbank Distance Learning Center.............................. $1,120,000 Total Funds Budgeted ......................................... $34,174,422 Lottery Funds Budgeted ....................................... $34,174,422 Section 28. Department of Revenue. Budget Unit: Department of Revenue.............................. $90,852,423 Personal Services ............................................. $58,397,964 Regular Operating Expenses .................................... $5,438,372 Travel ........................................................ $1,366,540 Motor Vehicle Purchases ......................................... $120,000 Equipment ..................................................... $410,048 Computer Charges ............................................. $9,157,440 Real Estate Rentals ............................................ $2,886,194 Telecommunications ............................................ $2,711,370 Per Diem, Fees and Contracts ................................... $1,033,237 County Tax Officials/Retirement and FICA ........................ $3,422,795 Grants to Counties/Appraisal Staff ...................................... $0 Motor Vehicle Tags and Decals .................................. $2,404,350 Postage ....................................................... $3,506,810 Investment for Modernization ................................... $5,182,668 Total Funds Budgeted ......................................... $96,037,788 Indirect DOAS Services Funding ................................. $3,845,000 State Funds Budgeted ......................................... $90,852,423 Departmental Functional Budgets Total Funds Departmental Administration $ 7,021,823 Internal Administration $ 11,113,501 Information Systems $ 13,689,271 Field Services $ 16,165,129 Income Tax Unit $ 8,069,275 Motor Vehicle Unit $ 17,006,114 Central Audit Unit $ 7,973,678 Property Tax Unit $ 4,437,917 Sales Tax Unit $ 3,937,111 State Board of Equalization $ 23,103 Taxpayer Accounting $ 4,089,687 Alcohol and Tobacco $ 2,511,179 Total $ 96,037,788 State Funds $ 7,021,823 $ 10,963,501 $ 12,674,071 $ 16,025,129 $ 7,769,275 $ 15,706,114 $ 7,973,678 $ 2,897,552 $ 3,837,111 $ 23,103 $ 3,449,887 $ 2,511,179 $ 90,852,423 Section 29. Secretary of State. A. Budget Unit: Secretary of State ............................... $28,261,302 Personal Services ............................................. $17,500,952 Regular Operating Expenses .................................... $3,106,655 Travel ......................................................... $239,500 Motor Vehicle Purchases ......................................... $135,019 Equipment ...................................................... $89,990 Computer Charges ............................................. $2,774,487 Real Estate Rentals ............................................ $2,402,255 Telecommunications ............................................. $845,850 Per Diem, Fees and Contracts ................................... $1,726,594 TUESDAY MARCH 25, 1997 1521 Election Expenses ............................................... $485,000 Total Funds Budgeted ......................................... $29,306,302 State Funds Budgeted ......................................... $28,261,302 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,793,523 $ 3,763,523 Archives and Records Business Services and Regulation $ 4,690,996 $ 4,615,996 $ 4,460,200 $ 3,690,200 Elections and Campaign Disclosure $ 4,417,536 $ 4,397,536 Drugs and Narcotics State Ethics Commission State Examining Boards $ 1,171,683 $ 1,171,683 $ 379,131 $ 379,131 $ 10,295,184 $ 10,145,184 Holocaust Commission $ 98,049 $ 98,049 Total $ 29,306,302 $ 28,261,302 B. Budget Unit: Real Estate Commission $2,191,168 Personal Services .............................................. $1,300,588 Regular Operating Expenses ..................................... $167,500 Travel .......................................................... $15,000 Motor Vehicle Purchases .......................................... $25,000 Equipment ....................................................... $9,630 Computer Charges .............................................. $333,150 Real Estate Rentals ............................................. $165,300 Telecommunications .............................................. $42,000 Per Diem, Fees and Contracts .................................... $133,000 Total Funds Budgeted .......................................... $2,191,168 State Funds Budgeted .......................................... $2,191,168 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,191,168 $ 2,231,168 Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission............... $2,096,320 Personal Services ..............................................$1,249,708 Regular Operating Expenses ..................................... $246,950 Travel .......................................................... $38,868 Motor Vehicle Purchases ............................................... $0 Equipment ...................................................... $11,094 Computer Charges ............................................... $41,576 Real Estate Rentals .............................................. $93,143 Telecommunications .............................................. $41,276 Per Diem, Fees and Contracts .................................... $549,905 County Conservation Grants ..................................... $186,500 Total Funds Budgeted .......................................... $2,459,020 State Funds Budgeted .......................................... $2,096,320 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission....................... $34,930,076 Personal Services ............................................... $430,911 Regular Operating Expenses ...................................... $20,000 Travel .......................................................... $16,000 Motor Vehicle Purchases ............................................... $0 1522 JOURNAL OF THE SENATE Equipment ....................................................... $3,100 Computer Charges ............................................... $13,822 Real Estate Rentals .............................................. $40,000 Telecommunications .............................................. $12,000 Per Diem, Fees and Contracts ..................................... $50,000 Payment of Interest and Fees .......................................... $0 Guaranteed Educational Loans .................................. $4,739,075 Tuition Equalization Grants .................................... $27,051,920 Student Incentive Grants ....................................... $1,221,380 Law Enforcement Personnel Dependents' Grants..................... $86,000 North Georgia College ROTC Grants .............................. $337,500 Osteopathic Medical Loans ....................................... $100,000 Georgia Military Scholarship Grants .............................. $808,368 Paul Douglas Teacher Scholarship Loans ................................ $0 Total Funds Budgeted ........................................ .$34,930,076 State Funds Budgeted ......................................... $34,930,076 Departmental Functional Budgets Total Funds Georgia Student Finance Authority $ 34,344,243 Georgia Nonpublic Postsecondary Education Commission $ 585,833 Total $ 34,930,076 State Funds $ 34,344,243 $ 585,833 $ 34,930,076 B. Budget Unit: Lottery for Education............................ .$174,678,127 Hope Financial Aid--Tuition ................................... $85,679,048 Hope Financial Aid--Books .................................... $22,697,638 Hope Financial Aid--Fees...................................... $16,609,500 Hope Scholarships--Private Colleges ........................... .$35,786,725 Georgia Military College Scholarship .............................. $755,480 LEPD Scholarship............................................... $249,736 Teacher Scholarships .......................................... $10,000,000 Promise Scholarships ........................................... $2,000,000 Engineer Scholarships ........................................... $900,000 Total Funds Budgeted ........................................ $174,678,127 Lottery Funds Budgeted ...................................... $174,678,127 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.......................... $4,070,000 Personal Services .............................................. $4,872,587 Regular Operating Expenses ..................................... $373,900 Travel .......................................................... $20,500 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,700 Computer Charges .............................................. $815,736 Real Estate Rentals ............................................. $475,958 Telecommunications ............................................. $140,302 Per Diem, Fees and Contracts .................................... $308,000 Retirement System Members .................................... $3,750,000 Floor Fund for Local Retirement Systems .......................... $320,000 Total Funds Budgeted ......................................... $11,082,683 State Funds Budgeted .......................................... $4,070,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education ...... $214,165,883 Personal Services .............................................. $5,458,107 Regular Operating Expenses ..................................... $611,890 TUESDAY MARCH 25, 1997 1523 Travel ......................................................... $161,380 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $187,271 Real Estate Rentals ............................................. $653,288 Per Diem, Fees and Contracts .................................... $749,575 Computer Charges .............................................. $912,165 Telecommunications ............................................. $129,033 Salaries and Travel of Public Librarians ......................... $13,931,580 Public Library Materials ........................................ $5,898,788 Talking Book Centers........................................... $1,062,342 Public Library Maintenance and Operation. .......................$5,689,075 Capital Outlay.................................................. $156,000 Personal Services--Institutions ............................... .$144,165,736 Operating Expenses--Institutions ............................... $44,440,197 Area School Program .......................................... $20,864,247 Adult Literacy Grants ......................................... $18,561,177 Regents Program............................................... $3,268,421 Quick Start Program ........................................... $8,243,319 Total Funds Budgeted ....................................... .$275,143,591 State Funds Budgeted ....................................... .$214,165,883 Departmental Functional Budgets Total Funds State Funds Administration $ 8,862,709 $ 5,764,059 Institutional Programs $ 266,280,882 $ 208,401,824 Total $ 275,143,591 $ 214,165,883 B. Budget Unit: Lottery for Education............................... $5,541,500 Computer Laboratories and Satellite Dishes-Adult Literacy ....... .$1,140,000 Capital Outlay--Technical Institute Satellite Facilities .................... $0 Equipment-Technical Institutes .................................. $4,401,500 Repairs and Renovations--Technical Institutes ........................... $0 Total Funds Budgeted .......................................... $5,541,500 Lottery Funds Budgeted ........................................ $5,541,500 Section 34. Department of Transportation. Budget Unit: Department of Transportation ...................... .$542,477,531 Personal Services ............................................ $252,085,646 Regular Operating Expenses ................................... $58,974,281 Travel ........................................................$1,894,091 Motor Vehicle Purchases ........................................ $2,000,000 Equipment .................................................... $7,011,553 Computer Charges ............................................. $8,399,287 Real Estate Rentals ............................................ $1,341,373 Telecommunications ............................................ $2,769,833 Per Diem, Fees and Contracts .................................. $38,699,367 Capital Outlay.............................................. .$778,307,662 Capital Outlay--Airport Approach Aid and Operational Improvements .............................................. . $1,001,874 Capital Outlay--Airport Development ............................ $1,239,992 Mass Transit Grants .......................................... $10,942,422 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations ............................................... $780,000 Contracts with the Georgia Rail Passenger Authority................ $250,000 Total Funds Budgeted ...................................... $1,165,697,381 State Funds Budgeted ........................................ $542,477,531 1524 JOURNAL OF THE SENATE Departmental Functional Budgets Motor Fuel Tax Budget Total Funds Planning and Construction $ 866,001,883 Maintenance and Betterments $ 239,740,628 Facilities and Equipment $ 12,932,803 Administration $ 29,093,905 Total $ 1,147,769,219 General Funds Budget Planning and Construction $ 0 Air Transportation $ 1,845,307 Inter-Modal Transfer Facilities $ 15,302,855 Harbor/Intra-Coastal Waterways Activities $ 780,000 Total $ 17,928,162 State Funds $ 267,000,324 $ 227,316,643 $ 12,372,803 $ 28,310,230 $ 535,000,000 $ 0 $ 1,433,307 $ 5,264,224 $ 780,000 $ 7,477,531 Section 35. Department of Veterans Service. Budget Unit: Department Of Veterans Service...................... $19,401,707 Personal Services .............................................. $5,005,743 Regular Operating Expenses ..................................... $180,263 Travel .......................................................... $92,245 Motor Vehicle Purchases ............................................... $0 Equipment ..................................................... $201,495 Computer Charges ............................................... $20,400 Real Estate Rentals ............................................. $248,700 Telecommunications .............................................. $67,500 Per Diem Fees and Contracts ................................... $14,158,810 Operating Expense/Payments to Medical College of Georgia ........ $7,177,787 Regular Operating Expenses for Projects and Insurance ............. $498,100 Total Funds Budgeted ......................................... $27,651,043 State Funds Budgeted ......................................... $19,401,707 Departmental Functional Budgets Total Funds Veterans Assistance $ 20,422,256 Veterans Nursing Home-Augusta $ 7,228,787 Total $ 27,651,043 State Funds $ 14,711,312 $ 4,690,395 $ 19,401,707 Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board........................ $10,621,869 Personal Services .............................................. $8,530,381 Regular Operating Expenses ..................................... $407,287 Travel ......................................................... $111,345 Motor Vehicle Purchases ............................................... $0 Equipment ....................................................... $5,160 Computer Charges .............................................. $315,919 Real Estate Rentals ............................................ $1,079,835 Telecommunications ............................................. $166,902 Per Diem, Fees and Contracts .................................... $195,040 Payments to State Treasury ............................................ $0 Total Funds Budgeted ........................................ .$10,811,869 State Funds Budgeted ........................................ .$10,621,869 TUESDAY MARCH 25, 1997 1525 Section 37. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State Of Georgia General Obligation Debt Sinking Fund State General Funds (Issued)................................. .$350,526,935 Motor Fuel Tax Funds (Issued) ................................. $35,000,000 $385,526,935 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ..................................... $9,550,645 Motor Fuel Tax Funds (New) ........................................... $0 $9,550,645 Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and em ployees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prose cuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 39. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purposes of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. Provisions Relative to Section 8, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Effingham County Board of Education Effingham County Purpose Media Centers for Effingham County School System Playground Equipment for Meldrim Recreational Park Amount $40,000 $5,000 1526 JOURNAL OF THE SENATE Cobb County Cobb County Cobb County City of Lilburn City of Jeffersonville Jones County Jefferson County DeKalb County Fulton County City of Quitman Echols County Board of Education City of Kennesaw City of Pearson City of Willacoochee City of Clarkston DeKalb County DeKalb County Tattnall County Board of Education Pike County Newton County Fulton County DeKalb County DeKalb County Murray County Columbia County McDuffie County Henry County Fulton County DeKalb County Gwinnett County Troup County Heard County Coweta County City of Tignall Fulton County Hall County Cobb County Board of Education Bacon County City of Commerce City of Tybee Campbell High School Athletic Department Facility Computer Equipment for King Springs Elementary Operation Funds for the Blind - Low Vision Program Improvements for City Park Improvements to City Facilities Equipment for Fire Department Computers for Sheriffs Department Operation Funds for Information Center at John B. Gordon School Operation Funds for St. Judes Recovery Center Improvements for City Park High School Gymnasium Repairs Improvements to Baseball Stadium Improvements to Recreation Department Improvements to City Hall Repairs to City Hall Crime Prevention Conference Georgia Women's History Study Operation of Health Outreach Program Construction of Tennis Courts Purchase Recreation Equipment Operation of Horticulture Program Operation of South DeKalb Business Incubator Operation of South DeKalb Choir Construction of Murray County Animal Shelter Operation of Historical Society Operation of Historical Society Paving for Hidden Valley Park Computer Equipment and Materials for the Roswell Regional Library Operation of the Youth Prevention Program Construction of Fallen Heros Park Monument Operation of Troup-Harris-Coweta Regional Library Parking Lot for Senior Citizens Center Playground Equipment for Handicapped Children Equipment for Fire Department Operation of Fulton County Library Foundation - Roswell Operation of Humane Society Outdoor Classroom Operation of Bacon County Airport Equipment for North Georgia EMS Tybee Island Lighthouse $5,000 $15,000 $5,000 $10,000 $20,000 $20,000 $20,000 $20,000 $25,000 $30,000 $20,000 $40,000 $7,500 $7,500 $10,000 $3,000 $25,000 $10,000 $25,000 $5,000 $10,000 $10,000 $5,000 $15,000 $7,500 $7,500 $5,000 TUESDAY MARCH 25, 1997 1527 City of Pelham City of Atlanta City of Warner Robins City of Alapaha Athens/Clarke County Gwinnett County Board of Education Richmond County City of Kennesaw Cobb County Board of Education Butts County City of Euharlee Taliferro County DeKalb County Tattnall County Board of Education City of Leslie Sumter County Board of Education City of Ideal City of Woodland City of Lavonia Pulaski County City of Tybee Island City of Senoia Grady County Board of Commissioners Gwinnett County Board of Education City of Mt. Zion Clayton County Board of Education DeKalb County Board of Education City of Georgetown Bartow County Bartow County Twiggs County Repairs to Water System Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University Operating Expenses for the Aviation Museum Little League Equipment Operation of Safe Campus Now Handicapped Access for Meadowcreek High School Operation of Golden Harvest Food Bank Stadium Seating at Kennesaw State University Lighting for Harrison High School Baseball Field Purchase Video Cameras for Sheriffs Patrol Cars Purchase Jaws of Life Historic Preservation of Locust Grove Cementary Operation of South DeKalb Community Development Corporation Purchase Materials for Vocational Agriculture and Educational Facility Improvements to City Hall Purchase Band Uniforms Equipment for Fire Department Purchase Property for Recreational Facilities Construction of Recreation Field Operation of Pulaski County Renovation of Tybee Lighthouse Purchase Septic Pumper Truck Operation of Spence Volunteer Fire Department Purchase Stadium Benches and Dressing Area for Collins Hill High School Purchase Property Operate Project Decision Operation of DeKalb Historical Society Improvements to Sewer System Equipment for Folsom Volunteer Fire Department Equipment for Pine Log Volunteer Fire Department Equipment for Twiggs County Volunteer Fire Department $58,000 $134,000 $440,000 $5,000 $40,000 $25,000 $20,000 $10,000 $10,000 $20,000 $9,500 $30,000 $5,000 $15,000 $8,500 $10,000 $10,000 $11,000 $25,000 $25,000 $100,000 $10,000 $10,000 $20,000 $20,000 $30,000 $15,000 $25,000 $10,000 $10,000 $5,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. 1528 JOURNAL OF THE SENATE The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,925.22. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet cri teria and standards prescribed by the State Board of Education for middle school programs. Section 42. Provisions Relative to Section 16, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $235 356 424 500 573 621 672 713 751 804 860 Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568 Provided, the Department of Human Resources is authorized to transfer funds be tween the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. Provided, that of the appropriation relative to Community Mental Health/Mental Re tardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share alloca tion or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 43. Provisions Relative to Section 21, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes. Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. TUESDAY MARCH 25, 1997 1529 The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 1998 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1998 shall not exceed 8.66%. Section 45. Provisions Relative to Section 23, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 46. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions. Section 47. Provisions Relative to Section 34, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary au thorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less re funds, rebates and collection costs and enter this amount as being the appropriation paya ble in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and up grade the quality of air transportation equipment. In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. 1530 JOURNAL OF THE SENATE It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1998, there is hereby appropriated $3,600,000 for the purpose of providing funds for the opera tion of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to trans fer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 50. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act. TUESDAY MARCH 25, 1997 1531 Section 51. In addition to all other appropriations, there is hereby appropriated as needed, a spe cific sum of money equal to each refund authorized by law, which is required to make re fund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 52. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 53. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required pay ments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 54. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1997 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or com mencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget. (b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget. Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such 1532 JOURNAL OF THE SENATE term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget. Section 56. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expendi ture unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 57. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principle amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. Principal Debt Amount Service A.) Maturities not to exceed two hundred forty months. Remediation, removal and replacement of underground storage tanks $5,000,000 $462,500 Acquisition of land under the River Care 2000 Program 10,000,000 925,000 Capital improvements at Jekyll Island's Historic District 1,725,000 159,563 Renovation of various YDCs and RYDCs 2,015,000 186,388 Construction of a 25-bed housing unit at Macon YDC 1,580,000 146,150 Environmental projects at various prisons 1,725,000 159,563 Continue the renovation of #2 Peachtree Building (includes renovation of Peachtree Annex) 20,000,000 1,850,000 Four lane program 15,000,000 1,387,500 Renovation of facilities at South Georgia Technical Institute 2,400,000 222,000 Planning and design of a classroom building for Augusta State University 1,280,000 118,400 Tybee beach restoration 400,000 37,000 Library for the city of Argon ($50,000) and library expansion projects in Chatham and Effingham Counties ($400,000) 450,000 41,625 Moultrie Technical Institute/Tift County Center expansion 1,200,000 111,000 Renovation of buildings at North Technical Institute 3,600,000 333,000 Renovation of Building D at Albany Tech 1,200,000 111,000 Environmental impact study at the Ports Authority ($600,000) and engineering design for harbor deepening ($4,000,000) 4,600,000 425,500 B.) Maturities not to exceed sixty months. Repair of 125 feet of bulkhead near the Meridian Dock residence 125,000 29,250 TUESDAY MARCH 25, 1997 1533 Purchase of equipment for the Governor's Traditional Industries research projects 2,175,000 508,950 Design of a 196-bed forensic facility at Central State Hospital 605,000 141,570 Design of a therapy area for Roosevelt Warm Springs Institute for Rehabilitation 50,000 11,700 Equipment for new and modified vocational high school laboratories 9,329,000 2,182,986 Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $327,645,136 for the following purposes: 1.) For employees of the Executive Branch, a 0% to 7% cost of living increase in conformance with the Georgia Gain pay for performance system. 2.) For Judi cial and Legislative branch employees, a 4% cost of living increase for employees receiving at least "satisfactory" or "meets expectations" on annual performance appraisal. 3.) State officials (excluding members of the General Assembly) whose salary is set by law, a 4% cost of living increase. 4.) For members of the General Assembly, $55,353 is included for a salary adjustment. 4.) For teachers, a 6% increase in base salary on the state's teacher salary schedule for the State Board of Education effective September 1, 1997. 5.) For bus drivers and lunchroom workers, a 4% cost of living increase effective July 1, 1997. 6.) For teachers with the Department of Technical and Adult Education, a 6% cost of living in crease effective September 1, 1997. 7.) For incumbents in the Correctional Officer job class series working in high security level institutions, a 5% salary increase (increase is in addi tion to any pay for any salary adjustment received under provision #1). 8.) For administra tive law judges in the Office of State Administrative Hearings, a supplemental salary adjustment, effective October 1, 1997 (adjustment is in addition to any pay for any salary adjustment received under provisions #1.) 9.) For Peace Officer Standards Training certi fied personnel in the Youth Development Worker and Facilities Police job class series within the Department of Children and Youth Services, a supplemental salary adjustment and an additional 5% salary increase (adjustments are in addition to any pay for any salary adjustment received under provision #1). 10.) For Board of Regents, University System of Georgia faculty and support personnel, a 6% funding level for merit increases to be awarded on July 1, 1997 for non-academic personnel and on September 1, 1997 for aca demic personnel. Section 59. Merit System Assessment. In addition to all other appropriations, there is hereby appropriated $236,440 for merit system position assessment for basic services to employees of the Judicial and Legislative branches of government, including the Department of Audits. Section 60. TOTAL STATE FUND APPROPRIATIONS. State Fiscal Year 1998...................................... 11,777,578,880 Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 62. All laws and parts of laws in conflict with this Act are repealed. Senator Perdue of the 18th assumed the Chair. Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by removing from the Department of Student Finance Section 31 relating to State Fiscal Year 1998 the figure $900,000 and by decreasing the object classes as listed below: Object Classes Engineering Scholarships Total Funds Lottery Funds $ (900,000) $ (900,000) $ (900,000) 1534 JOURNAL OF THE SENATE Senator Tysinger of the 41st called for the yeas and nays. The call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Burton Cagle Egan Guhl Lamutt Price of 56th Thomas of 10th Tysinger Those voting in the negative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Oliver Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Walker Those not voting were Senators: Brush James Middleton Perdue (presiding) On the adoption of the amendment, the yeas were 8, nays 44, and the Tysinger amend ment #1 to the committee substitute was lost. Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by (adding to) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 1998 the figure $7,054,200, and by increasing the object classes as listed below: Object Classes Personal Services Total Funds State Funds $ 7,054,200 $ 7,054,200 $ 7,054,200 Senator Tysinger of the 41st District moved to amend the committee substitute to H.B. 204 by (removing from) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 1998 the figure $7,054,200, and by (decreasing) the object classes as listed below: Object Classes Community Services Total Funds State Funds $ (7,054,200) $ (7,054,200) $ (7,054,200) On the adoption of the amendment, the yeas were 6, nays 32, and the Tysinger amend ment #2 to the committee substitute was lost. Senator Lamutt of the 21st District moved to amend the committee substitute to H.B. 204 by deleting to State funds for the Department of Education, Section 11, Unit A, relat ing to State Fiscal Year 1998 the figure $296,051,251 and by increasing the object classes as listed below: TUESDAY MARCH 25, 1997 1535 Object Classes High School Laboratories Vocational Laboratories Total Funds Other Funds State Funds $ (179,022,113) $ (117,029,138) $ (296,051,251) $ (296,051,251) Purpose: To eliminate funding of all High School Labs, Vocational Labs, and extended day in grades 9-12 Senator Lamutt of the 21st District moved to amend the committee substitute to H.B. 204 by adding to State funds for the Department of Education, Section 11, Unit A, relating to State Fiscal Year 1998 the figure $296,051,251 and by increasing the object classes as listed below: Object Classes Grades 9-12 Total Funds Other Funds State Funds $ 296,051,251 $ 296,051,251 $ 296,051,251 Purpose: To decrease funding formula in grades 9-12 from 23 to 20 On the adoption of the amendment, the yeas were 3, nays 40, and the Lamutt amend ment to the committee substitute was lost. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Walker Those voting in the negative were Senators: Balfour Glanton Gochenour Price of 56th Tysinger Those not voting were Senators: Abernathy James Perdue (presiding) On the passage of the bill, the yeas were 48, nays 5. 1536 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed by substitute. At 12:40 p.m., Senator Perdue of the 18th, President Pro Tempore, announced that the Senate would stand in recess until 1:45 p.m. The President called the Senate to order at 1:45 P.M. The Calendar was resumed. HB 600. By Representatives Skipper of the 137th, Murphy of the 18th, Walker of the 141st and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain for-profit businesses. Senate Sponsor: Senator Middleton of the 50th. The Senate Health and Human Services Committee offered the following substitute to HB 600: A BILL To be entitled an Act to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain acquiring entities; to provide for definitions; to provide for duties and powers of the Attorney General; to require that certain members of the governing board and the chief executive officer of a nonprofit corporation that proposes to dispose of hospital assets, and certain other members of the governing board and chief executive officers of such nonprofit corporations, file certifications regarding the transaction; to provide for notices of the trans action and forms, fees, and publication relating thereto; to provide for public hearings re garding the transaction; to provide for testimony of and disclosures by experts and consultants; to provide for testimony by parties to the transaction; to provide for the pur pose of the hearings and for disclosures and procedures relating thereto; to provide for enforcement of compliance and for fines and proceedings relating thereto; to prohibit the issuance or renewal of hospital permits and provide for their revocation and suspension; to provide for applicability; to provide that certain violative transactions are void; to provide that certain transfers of hospital assets owned or operated by a hospital authority, when transferred to certain acquiring entities, are subject to the same requirements as transfers of hospital assets of nonprofit corporations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and other health care facilities, is amended by adding at the end thereof the following: "ARTICLE 15 31-7-400. As used in this article the term: (1) 'Acquiring entity' means an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint ven ture, nonprofit corporation, hospital authority, or any other for profit or not for profit entity which is a purchaser or lessee of an acquisition. TUESDAY MARCH 25, 1997 1537 (2) 'Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospi tal which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions: (A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of busi ness is located outside such county. (3) 'Attorney General' means the Attorney General of the State of Georgia or some other attorney employed in the Attorney General's office and designated to perform the func tions required by this article. (4) 'Control' or 'controlling interest' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or deci sions of the entity in question. (5) 'Disposition' means a sale or lease of the assets of a hospital which is owned, con trolled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions: (A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a sale or lease which, when combined with one or more transfers be tween the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of busi ness is located outside such county. (6) 'Family' means a spouse, child, or sibling. (7) 'Financial interest' means the direct or indirect ownership of any assets or stock of any business. (8) 'Hospital' means any institution classified and having a permit as a hospital from the department pursuant to this chapter and the department's rules and regulations. (9) 'Related party' means an individual, business corporation, general partnership, lim ited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a party in question. (10) 'Transaction' means an acquisition and deposition. 31-7-401. No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or oper ates, directly or indirectly, a hospital having a permit under this chapter shall engage in 1538 JOURNAL OF THE SENATE a diposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation. 31-7-402. (a) Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the acquiring entity and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and ser vice contracts; the acquisition price; a copy of the acquisition agreement and any related agreements including leases, management contracts, and service contracts; any valua tions of the hospital's assets prepared in the three years immediately preceding the pro posed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller or lessor which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements. (b) The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70. (c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health plan ning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. 31-7-403. (a) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a separate certification from each member of the governing board and the chief executive officer of the nonprofit corpora tion which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a member ship, stock, or controlling interest therein, executed under oath, stating whether that director or officer of the nonprofit corporation is then or may become within the threeyear period following the completion of the transaction a member or shareholder in, or officer, employee, agent, or consultant of, or will otherwise derive any compensation or benefits, directly or indirectly, from the acquiring entity or any related party in connec tion with or as a result of the disposition. (b) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath: (1) Disclosing any financial interest held by that individual or that individual's family, or held by any business in which such individual or the individual's family owns a financial interest, in any business which: (A) Within the immediately preceding 12 month period sold products, property inter ests, or services to the nonprofit corporation engaged in the disposition; or TUESDAY MARCH 25, 1997 1539 (B) Within the immediately preceding 12 month period sold or within the three-year period after the completion of the transaction may sell products, property interests, or services to the acquiring entity; and (2) Disclosing any contract pursuant to which a sale was made or may be made of those products, property interests, or services regarding financial interests which are dis closed pursuant to paragraph (1) of this subsection; (3) Stating that the nonprofit corporation has received fair market value for its assets or, in the case of a proposed disposition to a not for profit entity or a hospital authority, stating that the nonprofit corporation has received an enforceable commitment of fair and reasonable community benefits for its assets; (4) Stating that the market value of the hospital's assets has not been manipulated to decrease their value; (5) Stating that the terms of the transaction are fair and reasonable to the nonprofit corporation; (6) Stating that the transaction is authorized by the nonprofit corporation's governing documents and is consistent with the intent of any major donors who have contributed over $100,000.00; (7) Stating that the proceeds of the transaction will be used solely in a manner consis tent with the charitable purposes of the nonprofit corporation and will not be used, directly or indirectly, to benefit the acquiring entity; and (8) Stating that the transaction will not adversely affect the availability or accessibility of health care services in the county in which the main campus of the hospital is located. (c) The certification requirements of subsections (a) and (b) of this Code section shall not apply to any governing board members who vote to oppose the proposed disposition. 31-7-404. Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code sec tion shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General. 31-7-405. (a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons op posed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested per son, and such written comments shall be considered public records pursuant to Code Section 50-18-70. (b) Any expert or consultant retained by the nonprofit corporation to prepare the finan cial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attor ney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section 31-7-403. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis. 1540 JOURNAL OF THE SENATE (c) At least one member of the governing board of the seller or lessor shall be designated by the seller or lessor, and at least one representative of the acquiring entity shall be designated by the acquiring entity, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General. 31-7-406. The purpose of the public hearing shall be to ensure that the public's interest is protected when the assets of a nonprofit hospital are acquired by an acquiring entity by requiring full disclosure of the purpose and terms of the transaction and providing an opportunity for local public input. The disposition of a nonprofit hospital to an acquiring entity shall not be in the public interest unless there has been adequate disclosure that appropriate steps have been taken to ensure that the transaction is authorized, to safeguard the value of charitable assets, and to ensure that any proceeds of the transaction are used for appropriate charitable health care purposes. Such disclosure shall address, at a mini mum, the following factors: (1) Whether the disposition is permitted under Chapter 3 of Title 14, the 'Georgia Non profit Corporation Code,' and other laws of Georgia governing nonprofit entities, trusts, or charities; (2) Whether the disposition is consistent with the directives of major donors who have contributed over $100,000.00; (3) Whether the governing body of the nonprofit corporation exercised due diligence in deciding to dispose of hospital assets, selecting the acquiring entity, and negotiating the terms and conditions of the disposition; (4) The procedures used by the nonprofit corporation in making its decision to dispose of its assets, including whether appropriate expert assistance was used; (5) Whether any conflict of interest was disclosed, including, but not limited to, con flicts of interest related to directors or officers of the nonprofit corporation and experts retained by the parties to the transaction; (6) Whether the seller or lessor will receive fair value for its assets, including an appro priate control premium for any relinquishment of control or, in the case of a proposed disposition to a not for profit entity, will receive an enforceable commitment for fair and reasonable community benefits for its assets; (7) Whether charitable assets are placed at unreasonable risk if the transaction is fi nanced in part by the seller or lessor; (8) Whether the terms of any management or services contract negotiated in conjunc tion with the transaction are reasonable; (9) Whether any disposition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit corporation's original purpose or for the support and promotion of health care in the affected community; (10) Whether a meaningful right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the acquiring entity subse quently proposes to sell, lease, or transfer the hospital to yet another entity; (11) Whether sufficient safeguards are included to assure the affected community con tinued access to affordable care and to the range of services historically provided by the nonprofit corporation; (12) Whether the acquiring entity has made an enforceable commitment to provide health care to the disadvantaged, the uninsured, and the underinsured and to provide benefits to the affected community to promote improved health care; and (13) Whether health care providers will be offered the opportunity to invest or own an interest in the acquiring entity or a related party, and whether procedures or safe guards are in place to avoid conflict of interest in patient referrals. TUESDAY MARCH 25, 1997 1541 31-7-407. The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the hospital is located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition. 31-4-407.1. The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoe nas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply. 31-7-408. No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as de nned in this article without notice first having been provided to the Attorney General as required by this article. 31-7-409. Any transaction completed before the effective date of this article or which is subject to a pending enforceable definitive agreement as of the effective date of this article condi tioned only upon receipt of regulatory approvals is not subject to the requirements of this article. 31-7-410. No provision of this article shall derogate from the common law or statutory authority of the Attorney General. 31-7-411. In connection with the Attorney General's responsibilities under this article and in con nection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17. 31-7-412. Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposi tion or acquisition." SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding at the end thereof the following: "31-7-89.1. (a) As used in this Code section, the term 'control' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the opera tions or decisions of the entity in question. 1542 JOURNAL OF THE SENATE (b) The sale or lease of assets of a hospital owned or operated by a hospital authority to an individual, business corporation, general partnership, limited partnership, limited li ability company, limited liability partnership, joint venture, nonprofit corporation, hospi tal authority, or any other for profit or not for profit entity shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of Chapter 7 of Title 31 which are applicable to dispositions of nonprofit hospitals to acquiring entities if the disposition of assets constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter or constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a period of five years, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that the provisions of this Code section shall not apply to the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county." SECTION 3. This Act shall become effective on October 31, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Price of the 28th, Langford of the 29th, Ralston of the 51st and Cagle of the 49th offered the following amendment: Amend the committee substitute to HB 600 by striking lines 22 through 27 on page 10 and replace with the following: "Any transaction completed before the effective date of this article, or any transaction that is subject to a pending definitive agreement as of the effective date of this article and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article." On the adoption of the amendment, the yeas were 32, nays 0, and the Price, Langford, et al. amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts TUESDAY MARCH 25, 1997 1543 Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Clay Harbison James On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 324. By Representative Campbell of the 42nd: A bill to amend Code Section 15-21-131 of the Official Code of Georgia Annotat ed, relating to the imposition of additional fines to fund local victim assistance programs, so as to provide for the imposition of such fines in magistrate courts. Senate Sponsor: Senator Hill of the 4th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Fort Henson Perdue Ragan Streat On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Johnson of the 2nd moved that Senator Middleton of the 50th be excused. On the motion, the yeas were 39, nays 1; the motion prevailed, and Senator Middleton was excused. 1544 JOURNAL OF THE SENATE HB 355. By Representatives Teper of the 61st and Henson of the 65th: A bill to amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments of insurers, so as to change certain provisions relating to authorized investments in certain governmental bonds and other securities. Senate Sponsor: Senator Langford of the 29th. Senator Langford of the 29th offered the following amendment: Amend HB 355 by inserting in lieu of lines 16-18 "country which the International Mone tary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such se curities are listed as investment grade by the Securities Valuation Office of the National Association of Insurance Commissioners (NAIC) or as investment grade by a securities rat ing organization accepted by the NAIC.'" On the adoption of the amendment, the yeas were 38, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Bowen Middleton (excused) Perdue Stokes On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 180. By Representatives Hecht of the 97th, Lee of the 94th, Walker of the 141st and others: A bill to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record. Senate Sponsor: Senator Starr of the 44th. TUESDAY MARCH 25, 1997 1545 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Hill Langford Middleton (excused) Scott Taylor On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 524. By Representatives Martin of the 47th, Walker of the 141st and Alien of the 117th: A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for implementa tion of a state-wide uniform information system for real property records. Senate Sponsor: Senator Egan of the 40th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat 1546 JOURNAL OF THE SENATE Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Griffin Hill Langford Middleton (excused) Perdue Thompson On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 869. By Representatives Ray of the 128th, Powell of the 23rd, Hudson of the 156th and others: A bill to amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, so as to change certain provisions relating to exclusions for certain vehicles which are 15 or more model years old. Senate Sponsor: Senator Ray of the 48th. Senator Cagle of the 49th offered the following amendment: Amend HB 869 to add a new section (F) to Code Section 40-2-85 to read as follows: "any resident motor vehicle owner who is the spouse or legal guardian of a person who is disabled as prescribed in this Code Section shall be authorized to obtain such spe cialized plates for such vehicle." On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Gochenour Griffin Johnson of 2nd Taylor TUESDAY MARCH 25, 1997 1547 On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998. The Calendar was resumed. HB 866. By Representative Connell of the 115th: A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Golf Hall of Fame Authority. Senate Sponsor: Senator Walker of the 22nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Voting in the negative was Senator Guhl. Those not voting were Senators: Abernathy Fort Griffin Johnson of 2nd Oliver On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. 1548 JOURNAL OF THE SENATE HB 431. By Representatives Byrd of the 170th and Powell of the 23rd: A bill to amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under "The Retail Installment and Home Solicitation Sales Act," so as to provide that an application for a re volving account shall require certain additional information; to provide condi tions under which a revolving account shall be presumed to be signed or accept ed by the buyer. Senate Sponsor: Senator Tysinger of the 41st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Henson Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Fort Harbison Hill Johnson of 2nd Scott On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998. Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 204. On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 204. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolutions of the Senate: TUESDAY MARCH 25, 1997 1549 SR 165. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of drainage pipelines, electrical distribution lines, and tele communications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Dougherty, Jasper, Macon, and Ware Counties, Georgia. SR 164. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for the opera tion and maintenance of water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Sumter, and Troup Counties, Georgia. The House has passed by the requisite constitutional majority the following bill of the Senate: SB 59. By Senators Griffin of the 25th, Blitch of the 7th and Boshears of the 6th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration in general, so as to pro vide that certain notice shall be required before any state department or agency terminates any employee because of a reduction in force or other action; to pro vide that each affected employee must be given notice of his or her rights and options with respect to certain matters. The following bills were read the first time and referred to committees: HB 222. By Representative Breedlove of the 85th: A bill to amend an Act creating a new charter for the City of Buford, so as to change the corporate limits of the city. Referred to State and Local Governmental Operations Committee. HB 766. By Represenative Connell of the 115th: A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to change the compensation of certain officials. Referred to State and Local Governmental Operations Committee. The Calendar was resumed. HB 573. By Representatives Culbreth of the 132nd, Heard of the 89th and Ehrhart of the 36th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act. Senate Sponsor: Senator Roberts of the 30th. 1550 JOURNAL OF THE SENATE The Senate Insurance and Labor Committee offered the following substitute to HB 573: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to pro vide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act; to provide for certain limitations; to specify requirements for the managers of investment pools; to pro vide requirements for investment pool agreements; to require the investment pool to be a business entity; to exempt transactions between an investment pool and its participants from certain requirements; to require investment activities of pools and transactions be tween pools and participants to be reported annually; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 11 a new Chapter HA to read as follows: "CHAPTER HA 33-11A-1. This chapter shall be known and may be cited as the 'Investment Pool Act of 1997.' 33-11A-2. This chapter shall apply to domestic insurers only. 33-11A-3. As used in this chapter, the term: (1) 'Business entity' means a corporation, limited liability company, association, part nership, joint-stock company, joint venture, mutual fund trust, or other similar form of business organization, whether organized for profit or not for profit. (2) 'Class one money market mutual fund' means a mutual fund that at all times quali fies for investment using the bond class one reserve factor under the Purposes and Procedures of the SVO or any successor publication. (3) 'Government money market mutual fund' means a money market mutual fund that at all times: (A) Invests only in obligations issued, guaranteed, or insured by the government of the United States or collateralized repurchase agreements composed of such obliga tions; and (B) Qualifies for invesment without a reserve under the Purposes and Procedures of the SVO or any successor publication. (4) 'Money market mutual fund' means a mutual fund that meets the conditions of 17 C.F.R. 270.2a-7, under the Investment Company Act of 1940, 15 U.S.C. Section 80a-l, et seq., as amended. (5) 'Obligation' means a bond, note, debenture, or trust certificate, including equipment certificate, production payment, negotiable bank certificate of deposit, banker's accept ance, credit tenant loan, loan secured by financing net leases, and other evidence of indebtedness for the payment of money, or participation, certificates, or other evi dences of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or other wise dedicated for payment. TUESDAY MARCH 25, 1997 1551 (6) 'Qualified bank' means a national bank, state bank, or trust company that at all times is no less than adequately capitalized as determined by the standards provided by federal banking regulations and that is either regulated by state banking laws or is a member of the Federal Reserve System. (7) 'Repurchase transaction' means a transaction in which an insurer purchases securi ties from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand. (8) 'Reverse repurchase transaction' means a transaction in which an insurer sells se curities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a speci fied period of time or upon demand. (9) 'Securities lending transaction' means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand. (10) 'SVO' means the Securities Valuation Office of the National Association of Insur ance Commissioners. 33-11A-4. (a) Notwithstanding any provisions of Chapter 11 of this title to the contrary, an insurer may under this chapter acquire investments in investments pools that: (1) Invest only in: (A) Obligations that are rated 1 or 2 by the SVO or have an equivalent of an SVO 1 or 2 rating by a nationally recognized statistical rating organization recognized by the SVO or, in the absence of an SVO 1 or 2 rating or equivalent rating, the issuer has outstanding obligations with an SVO 1 or 2 rating or equivalent rating by a nation ally recognized statistical rating organization recognized by the SVO and which have: (i) A remaining maturity of 397 days or less or a put that entitles the holder to receive the principal amount of the obligation, which put may be exercised through maturity at specified intervals not exceeding 397 days; or (ii) A remaining maturity of three years or less and a floating interest rate that resets no less frequently than quarterly on the basis of a current short-term index, including federal funds, prime rate, treasury bills, London InterBank Offered Rate (LIBOR), or commercial paper, and is subject to no maximum limit, if the obliga tions do not have an interest rate that varies inversely to market interest rate changes; (B) Government money market mutual funds or class one money market mutual funds; or (C) Securities lending, repurchase, and reverse repurchase transactions that meet all the requirements of Code Section 33-11-7; or (2) Invest only in investments which an insurer may acquire under this title, if the insurer's proportionate interest in the amount invested in such investments does not exceed the applicable limits of this title. 33-11A-5. For an investment in an investment pool to be qualified under this chapter, the invest ment pool shall not: (1) Acquire securities issued, assumed, guaranteed, or insured by the insurer or an affiliate of the insurer; (2) Borrow or incur an indebtedness for borrowed money, except for securities lending and reverse repurchase transactions that meet the requirements of this chapter; or 1552 JOURNAL OF THE SENATE (3) Permit the aggregate value of securities then loaned or sold to, purchased from, or invested in any one business entity under this chapter to exceed 10 percent of the total assets of the investment pool. 33-11A-6. The limitations of paragraphs (1) and (2) of Code Section 33-11-5 shall not apply to an insurer's investment in an investment pool; provided, however, that an insurer shall not acquire an investment in an investment pool under this chapter if, as a result of and after giving effect to the investment, the aggregate amount of investments then held by the insurer under this chapter: (1) In any one investment pool would exceed 10 percent of its admitted assets; (2) In all investment pools investing in investments permitted under paragraph (2) of subsection (a) of Code Section 33-11A-4 would exceed 25 percent of its admitted assets; or (3) In all investment pools would exceed 35 percent of its admitted assets. 33-11A-7. For an investment in an investment pool to be qualified under this chapter, the manager of the investment pool shall: (1) Be organized under the laws of the United States or a state and designated as the pool manager in a pooling agreement; (2) Be the insurer, an affiliated insurer or a business entity affiliated with the insurer, a qualified bank, or a business entity registered under the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-l, et seq., as amended; or, in the case of a reciprocal in surer or interinsurance exchange, be its attorney in fact; or, in cases of a United States branch of an alien insurer, be its United States manager or affiliates or subsidiaries of its United States manager; (3) Compile and maintain detailed accounting records setting forth: (A) The cash receipts and disbursements reflecting each participant's proportionate investment in the investment pool; (B) A complete description of all underlying assets of the investment pool, including amount, interest rate, any maturity date, and other appropriate designations; and (C) Such other records which, on a daily basis, allow third parties to verify each participant's investment in the investment pool; and (4) Maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of the investment pool, under a custodial agreement compliant with this title with a qualified bank. The custodial agreement shall include but not be limited to: (A) A statement and recognition of the claims and rights of each participant; (B) An acknowledgement that the underlying assets of the investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of its investments in the investment pool; and (C) An agreement that the underlying assets of the investment pool shall not be commingled with the general assets of the custodian qualified bank or any other person. 33-11A-8. A pooling agreement under this chapter may not be entered into unless the insurer has notified the Commissioner in writing of the pooling agreement at least 30 days prior to entering into the pooling agreement and the Commissioner has not disapproved it within such period. The pooling agreement for each investment pool shall be in writing and shall provide that: TUESDAY MARCH 25, 1997 1553 (1) An insurer and its affiliated insurers or, in the case of an investment pool investing solely in investments permitted under paragraph (1) of subsection (a) of Code Section 33-11A-4, the insurer and its subsidiaries, affiliates, or any pension or profit-sharing plan of the insurer, its subsidiaries and affiliates, or, in the case of a United States branch of an alien insurer, affiliates or subsidiaries of its United States manager, shall, at all times, hold 100 percent of the interests in the investments pool; (2) The underlying assets of the investment pool shall not be commingled with the general assets of the pool manager or any other person; (3) In proportion to the aggregate amount of each pool participant's interest in the investment pool: (A) Each participant owns an undivided interest in the underlying assets of the in vestment pool; and (B) The underlying assets of the investment pool are held solely for the benefit of each participant; (4) A participant, or in the event of the participant's insolvency, bankruptcy, or receiv ership, its trustee, receiver, or other successor in interest, may withdraw all or any portion of its investment from the pool under the terms of the pooling agreement; (5) Withdrawals may be made on demand without penalty or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter not to exceed five business days. Distributions under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide that the pool manager shall distribute to a participant, at the discretion of the pool manager: (A) In cash, the then fair market value of the participant's pro rata share of each underlying asset of the investment pool; (B) In kind, a pro rata share of each underlying asset; or (C) In a combination of cash and in kind distributions, a pro rata share of each un derlying asset; and (6) The pool manager shall make the records of the investment pool available for in spection by the Commissioner. 33-11A-9. An investment pool authorized under this chapter must be a business entity. 33-11A-10. Transactions between an investment pool and its participants shall not be subject to the provisions of Code Section 33-13-5. Investment activities of an investment pool and transactions between such pools and pool participants shall be reported annually in the registration statement required by Code Section 33-13-4." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 1554 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Clay Fort Johnson of 2nd On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 123. By Representatives Walker of the 141st, Skipper of the 137th and Martin of the 47th: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A., and in Acts of the General Assembly amending the O.C.G.A.. Senate Sponsor: Senator Oliver of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott TUESDAY MARCH 25, 1997 1555 Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Those not voting were Senators: Abernathy Balfour Blitch Clay Turner Tysinger Walker Fort Johnson of 2nd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 620. By Representative Randall of the 127th: A bill to amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of outof-state-bail jumping. Senate Sponsor: Senator Ray of the 48th. The Senate Special Judiciary Committee offered the following substitute to HB 620: A BILL To be entitled an Act to amend Code Section 16-10-51 of the Official Code of Georgia Anno tated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of out-of-state-bail jump ing; to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that the surety shall be released from liability at the discretion of the court in certain cases where the principal uses a false name when bound over and committed to a facility unless the surety knew or should have known that the principal used a false name, provided that the surety acted with due diligence and used all practical means to secure the attendance of the principal before the court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: "(c)(l) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his or her own recognizance upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the person defendant by mailing to his the defendant's last known address or otherwise being notified personally in writing by a court official or officer of the court, leaves the state to avoid appearing and fails wiUiuut sufficient excuse lu ap pear in court at such time and place commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than Llu ee five years or by a fine of not less than $1,000.00 nor more than $3,000.00 $5,000.00, or botnT 1556 JOURNAL OF THE SENATE (2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3; (G) Failure to report child abuse, as provided in Code Section 19-7-5; (H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Reserved; (O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; ami (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6391:; (T) Driving without a license in violation of Code Section 40-5-20 or driving while a license is suspended or revoked as provided in Code Section 40-5-121; and (U) Any offense under Code Section 40-6-10, relating to requirement of the operator or owner of a motor vehicle to have proof of insurance." SECTION 2. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recog nizances, is amended by striking subsection (d) of Code Section 17-6-31, relating to the surrender of principal by surety and forfeiture of bond, and inserting in lieu thereof a new subsection (d) to read as follows: "(d)(l) Furthermore, the surety shall be released from liability if, prior to entry of judg ment, there is: (A) A deferred sentence; (B) A presentence investigation; (C) A court ordered pretrial intervention program; (D) A court ordered educational and rehabilitation program; (E) A fine; (F) A dead docket; or (G) Death of the principal. IF-(2) Furthermore, the surety may be released from liability at the discretion of the court TUESDAY MARCH 25, 1997 1557 (A) The principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility un less the surety knew or should have known that the principal used a false name; and (B) The surety shows to the satisfaction of the court that he or she acted with due diligence and used all practical means to secure the attendance of the principal before the court." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Blitch Bowen Fort Johnson of 2nd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 420. By Representative O'Neal of the 75th: A bill to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to redefine the term "educator"; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commis sion. Senate Sponsor: Senator Ragan of the llth. The Senate Education Committee offered the following substitute to HB 420: A BILL To be entitled an Act to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," so as to 1558 JOURNAL OF THE SENATE redefine the term "educator"; to provide for an additional definition; to provide for the ap pointment of members emeritus of the Professional Practices Commission; to provide for the qualifications, nomination, powers, duties, expenses, and terms of members emeritus; to provide for the rights of members emeritus and the reimbursement of their employers; to provide for privileged utterances; to change the provisions relating to investigations by the commission and the commission's authority over applicants; to change the provisions relat ing to disciplinary actions, findings of fact, conclusions of law, and recommendations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Professional Teaching Practices Act," is amended by striking Code Section 20-2-792, relating to definitions, and inserting in its place the following: "20-2-792. As used in this part, the term: (1) 'Commission' means the Professional Practices Commission. (2) 'Educator' means teachers and uthei piufessiunal educators uf this slate wliu hulJ cm tificattis and school or school system administrators and other education personnel of this state who hold certificates, permits, or other certification documents issued by the Professional Standards Commission: and persons who have applied for but have not yet received or been denied such certificates, permits, or other certification docu ments from the Professional Standards Commission. (2.1) 'Expungement' means the records are sealed and labeled pursuant to Code Sec tion 20-2-795.1. (3) 'Local board' means the board of education of any local school system. (4) 'Local school system' means any county school system or any independent school system of a municipality. (5) 'Local superintendent' means the school superintendent of any local school system. (6) 'State board' means the State Board of Education. (7) 'State Superintendent' means the State School Superintendent. (8) Teaching" means any professional service rendered or performed by an educator." SECTION 2. Said part is further amended by adding a new subsection (d) to Code Section 20-2-793, relating to the creation, composition, nomination and appointment of members, terms, re moval, and vacancies in the membership of the Professional Practices Commission, to read as follows: "(d) There is created the position of member emeritus of the commission. The executive director of the commission shall recommend to the commission a list of former members of the commission who are eligible for appointment as members emeritus. The commis sion may appoint such number of such persons as members emeritus as the commission deems advisable to assist the commission in the execution of its duties, but not more than 17 persons shall serve as members emeritus at any one time. Members emeritus shall be appointed for a term of three years and no person shall be eligible to serve as a member emeritus for more than three years. To be eligible for service as a member emeritus, a person must have served as a member of the commission for a term which ended on or after January 1, 1993, must hold a valid Georgia educator certificate, and must be em ployed in the public schools of this state or by the Department of Education or be retired from employment in the public schools or the Department of Education. Members emeri tus shall be eligible to serve as members of any hearing panel in any hearing conducted TUESDAY MARCH 25, 1997 1559 by the commission. Members emeritus shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member emeritus of the commission who is an em ployee of the Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member emeritus of the commission and employs a person to replace such member emeritus during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred. When acting in good faith in the course of their duties at meetings or hearings of the commission, members emeritus shall be privileged in their utterances." SECTION 3. Said part is further amended by striking subsection (e) of Code Section 20-2-796, relating to investigations by the Professional Practices Commission and the commission's authority over applicants, and inserting in its place the following: "(e) No applicant who is under luview investigation by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its author ity over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law ; or to enter an order recom mending denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not de prive the commission of its authority to do any of the following: (1) Institute or continue an investigation or a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground pro vided by law; or (2) Enter an order recommending to the Professional Standards Commission sus pending or revoking the certificate, permit, or other certification documentTnr. VO7 Issue111iLliiiuiiiLiuiiLu Lilt? liulvlt?iOl a uei liiiucitc, |jei iinL,OT uLliciuci LiliuiLiuii SECTION 4. Said part is further amended by striking subsection (a) of Code Section 20-2-797, relating to recommendations of the Professional Practices Commission as to disciplinary actions and consultative services and recommendations, and inserting in its place the following: "(a) Following its completion of an investigation authorized by Code Section 20-2-796 but, in a contested case, not before the conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Profes sional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the com mission may recommend that no action be taken against the educators involved if the commission determined that the complaints against the educators were not justified. If the commission determined there was justification for the complaints against the educa tors involved, it may recommend any combination of the following actions: (1) That the educators be warned, or reprimanded, monitored, or any combination thereof; 1560 JOURNAL OF THE SENATE (2) That the contracts of the educators be terminated, suspended, or not renewed; or (3) That the certificates of the educators be suspended or revoked." SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Oliver of the 42nd offered the following amendment: Amend the committee substitute to HB 420 by striking line 1 of page 1 and inserting in lieu thereof the following: "To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the 'Quality Basic Education Act,' so as to provide additional time for receipt of the criminal records check for teachers, principals, and other certificated professional per sonnel; to amend Part 1 of Article 17 of Chapter 2 of Title 20 of. By inserting following line 17 of page 1 the following: "SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the 'Quality Basic Education Act,' is amended by striking paragraph (1) of subsection (e) of Code Section 20-2-211, relating to annual contracts, and inserting in lieu thereof the following: '(e)(l) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated profes sional personnel shall be fingerprinted and have a criminal record check made as re quired by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provi sional or temporary contract for a maximum of i20 200 days to allow for the receipt of the results of the criminal record check.'" By renumbering Sections 1 through 6 as Sections 2 through 7, respectively. On the adoption of the amendment, the yeas were 37, nays 0, and the Oliver amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 1st Kemp Lamutt Land Langford Madden Middleton Oliver Perdue Price of 28th TUESDAY MARCH 25, 1997 1561 Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Voting in the negative was Senator Glanton. Those not voting were Senators: Abernathy Egan Fort Johnson of 2nd Thomas of 10th Thompson Turner Tysinger Walker Marable On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. HB 689. By Representatives Channell of the lllth, Jenkins of the 110th, Greene of the 158th and others: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Ti tle 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for an application supplement-marriage report form in connection with each marriage license. Senate Sponsor: Senator Ray of the 48th. Senator Egan of the 40th offered the following amendment: Amend HB 689 by adding at the beginning of line 5 on page 1 the following: "authorize federal judges to perform marriage ceremonies; to". By inserting between lines 14 and 15 on page 1 the following: "SECTION 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, is amended by striking subsection (c) of Code Section 193-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (c) to read as follows: '(c) The license shall be directed to any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the judge, city recorder, magistrate, minister, or other authorized person to return the li cense to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by him such judge for that purpose.'" By redesignating Sections 1 through 7 as Sections 2 through 8, respectively. By striking lines 16 through 18 on page 1 and inserting in lieu thereof the following: "Said article is further amended by striking in its entirety Code". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 1562 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Hill Walker On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill was taken up to consider House action thereto: SB 91. By Senators Gillis of the 20th, Marable of the 52nd, Henson of the 55th and Starr of the 44th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to au thorize the various counties to contract with the State Personnel Board for the participation of certain county officers in the state employees' health insurance plan; to provide for a definition; to provide for the collection of payments from county employees, retirees, and dependents. The House substitute was as follows: A BILL To be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion of certain county officers in certain health plans; to authorize the State Per sonnel Board to contract with the County Officers Association of Georgia for the participa tion of certain county officers in any health insurance plan or plans established under said article; to authorize the various counties to contract with the County Officers Association of Georgia for the participation of certain county officers in any health insurance plan or plans established under said article; to provide for the collection of payments from county employees, retirees, and dependents; to provide for contributions and deductions; to pro vide that employees of the Sheriffs' Retirement Fund of Georgia shall be eligible to partici pate in the state employees' health insurance plan; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY MARCH 25, 1997 1563 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding a new subparagraph (L) to paragraph (2) of Code Section 45-18-1, relating to definitions pertaining to the state em ployees' health insurance plan, to read as follows: "(L) County officers, which for purposes of this article specifically includes and is limited to probate judges, sheriffs, tax commissioners or tax collectors, clerks of superior court, full-time and part-time state court judges, solicitors, and solicitors-general, chief magis trates, and full-time chairpersons of the board of commissioners of the various counties of this state; and", and by redesignating existing subparagraph (L) as subparagraph (M). SECTION 2. Said article is further amended by adding a new Code Section 45-18-5.3 to read as follows: "45-18-5.3. (a) If a county does not offer or provide a health insurance plan, health maintenance organization, or other health benefits plan for its county officers then such county of ficers, by majority vote, may elect to be included in any health plan or plans established under this article. The county commissioners of a county may elect by majority vote to provide for payment of any portion, all, or none of the required premiums or payments due from the county officers or former county officers who under this Code section are eligible for inclusion in the health plan or plans established under this article. (b) The board is authorized to contract with the County Officers Association of Georgia on behalf of the various counties of this state for the inclusion in any health insurance plan or plans established under this article of employees, spouses, and dependents of employ ees serving in one or more of the following capacities: probate judge, sheriff, tax commis sioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employ ment who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the board of commissioners. The County Officers Association of Georgia is authorized to contract with the board as provided in this Code section. In the event that such a contract is entered into, it shall be the duty of the County Officers Association of Georgia to collect from the various counties of this state with which it has contracted under subsection (c) of this Code section and remit to the board such payment as may be required under any health insurance plan for inclusion in the health insurance fund. In addition, it shall be the duty of the County Officers Association of Georgia to maintain and remit to the board accurate records of employee, dependent, and other information required by the board to administer this Code section. (c) The various counties of this state are authorized to contract with the County Officers Association of Georgia for the inclusion in any health insurance plan or plans established under this article of employees, spouses, and dependents of employees serving in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitorgeneral, chief magistrate, or full-time chairperson of the board of commissioners; and employees, spouses, and dependents of employees leaving employment who have served at least 12 years in one or more of the following capacities: probate judge, sheriff, tax commissioner or tax collector, clerk of the superior court, full-time or part-time state court judge, solicitor, or solicitor-general, chief magistrate, or full-time chairperson of the 1564 JOURNAL OF THE SENATE board of commissioners. The County Officers Association of Georgia is authorized to con tract with the various counties of the state as provided in this Code section. In the event that any such contracts are entered into, it shall be the duty of any counties so con tracting to deduct from the salary or other compensation of its employees and otherwise collect from former employees such payment as may be required under any health insur ance plan and to remit the same to the County Officers Association of Georgia for pay ment to the board. (d) In administering this Code section, it shall be the responsibility of the board to de velop rates for coverage based on the actual claims experience of the individuals covered by this Code section." SECTION 2A. Said article is further amended by striking in its entirety Code Section 45-18-7.3, relating to employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following: "45-18-7.3. The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and the Sheriffs' Retirement Fund of Georgia for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund, ami Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity Benefit Fund, ami Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to deduct from the salary or other remuneration of its their employees such payment as may be required under the board's regu lations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund, and Georgia Firemen's Pension Fund, and Sheriffs' Retirement Fund of Georgia to make the employer contributions required for the operation of such plan or plans." SECTION 3. Notwithstanding any other provisions of law, this Act shall become effective July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Gillis of the 20th moved that the Senate disagree with the House substitute to SB 91. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 91. The Calendar was resumed. HB 393. By Representatives Epps of the 131st, Taylor of the 134th, Porter of the 143rd and others: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools. Senate Sponsor: Senator Langford of the 29th. Senator Boshears of the 6th offered the following amendment: Amend HB 393 by striking from line 26 on page 1 the words "respect for the creator," and inserting in lieu thereof the words "respect and tolerance for the diversity of religious beliefs,". TUESDAY MARCH 25, 1997 1565 Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn. The consent was granted and the amendment was withdrawn. Senator Langford of the 29th offered the following amendment: Amend HB 393 by adding on line 6 on page 1 following the word and symbol "matters;" the following: "to provide for severability;". By adding between lines 31 and 32 on page 1 the following: "SECTION 1.1. In the event any section, subsection, sentence, clause, or phrase of this Act shall be de clared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional." On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Those not voting were Senators: Abernathy Fort James Scott Tysinger Walker On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1566 JOURNAL OF THE SENATE HR 48. By Representatives Johnston of the 81st and Coleman of the 142nd: A resolution strongly urging the Board of Regents to promulgate policies, rules, and regulations ensuring Georgia residents priority in admission to units of the University System of Georgia. Senate Sponsor: Senator Tysinger of the 41st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Fort Hill James Walker On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 167. By Senator Tysinger of the 41st: A resolution authorizing the leasing of certain state owned real property located in DeKalb County, Georgia. The Calendar was resumed. HR 44. By Representative Pelote of the 149th: A resolution urging the Safety Fire Commissioner to alert the public to the dan ger of carbon monoxide poisoning. Senate Sponsor: Senator Scott of the 36th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. TUESDAY MARCH 25, 1997 1567 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Bagan Ralston Ray Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Boshears Bowen Fort James Langford Perdue Roberts Walker On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 761. By Representatives Davis of the 48th and Orrock of the 56th: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, so as to clarify cer tain powers and provide for others. Senate Sponsor: Senator Oliver of the 42nd. Senators Brush of the 24th and Glanton of the 34th offered the following amendment: Amend HB 761 by adding a new Section 3 on line 33 page 3 to read as follows: The Dept. of Audits shall produce an annual report for each member of the General Assembly outlining the total cost and assets of the Georgia Commission on Women in cluding but not limited to, contracts, publishing, grants and travel expenses. Renumber existing Sections 3 and 4 accordingly. Senator Brush of the 24th asked unanimous consent to withdraw the Brush, Glanton amendment. The consent was granted, and the amendment was withdrawn. Senator Boshears of the 6th offered the following amendment: Amend HB 761 by striking, beginning on Line 24, Page 3 and continuing through end of Line 32. By adding at the end of 50-12-83 the following on Page 3: Members of the commission shall receive expense allowance and reimbursement for no more than five days per year. Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. 1568 JOURNAL OF THE SENATE Senator Boshears of the 6th offered the following amendment: Amend HB 761 by adding a new section as follows: 50-12-83.1 The commission shall not expend or allow to be expended any funds in any manner which would assist, promote, or support any behavior or acts which are against the laws of this state. Senator Boshears of the 6th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Balfour of the 9th offered the following amendment: Amend HB 761 by striking after "women." on page 2 line 16 "The dissemination of through line 22. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay Crotts Egan Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt Price of 28th Price of 56th Ralston Ray Streat Tanksley Thomas of 54th Tysinger Those voting in the negative were Senators: Abernathy Broun of 46th Brown of 26th Dean Fort Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Kemp Land Langford Madden Marable Middleton Oliver Perdue Ragan Scott Starr Stokes Taylor Thomas of 10th Thompson Turner Walker Those not voting were Senators Bowen and Roberts. On the adoption of the amendment, the yeas were 24, nays 30, and the Balfour amend ment to HB 761 was lost. Senator Balfour of the 9th offered the following amendment: Amend HB 761 by striking page 3 line 13 thru line 32 and inserting "The members of the commission shall be reimbursed for expenses incurred while con ducting the business of the commission from public or private grants, devises, or be quests received by the commission. Senator Balfour of the 9th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. Senator Glanton of the 34th offered the following amendment: Amend HB 761 by striking "Article 5 of from line 1 and line 12 of page 1, by striking "the Georgia Commission on Women" from lines 2 and 3 and lines 13 and 14 of page 1 and TUESDAY MARCH 25, 1997 1569 inserting in lieu thereof "commissions and other agencies of state government", and by striking "article" and inserting in lieu thereof "chapter" on line 8 of page 3. By adding, following the word and symbol "expenses;" on line 7 of page 1 the following: "to create the Georgia Coalition of Conservative Women; to provide for the membership of the coalition and the appointment, terms, vacancies, and officers of the coalition; to provide for quorums; to provide for the powers and duties of the coalition; to provide for the compensation, per diem, and expenses of the coalition; to provide for reports;". By redesignating Sections 3 and 4 as Sections 4 and 5, respectively. By adding between lines 32 and 33 of page 3 the following: "SECTION 3. Said chapter is further amended by inserting, following Article 5, a new Article 5A to read as follows: 'ARTICLE 5A 50-12-90. (a) There is created the Georgia Coalition of Conservative Women. The coalition shall be composed of 15 members to be appointed from the membership of recognized conserva tive women's groups as follows: (1) Five members shall be appointed by the Governor; (2) Five members shall be appointed by the President of the Senate; and (3) Five members shall be appointed by the Speaker of the House of Representatives. (b) The members of the coalition shall be conservative women and men of recognized ability and achievement. All vacancies shall be filled for the unexpired term by the origi nal appointing official. Members shall serve for terms of four years and no member may serve for more than two consecutive terms. 50-12-91. The coalition shall elect a chairperson, vice chairperson, and secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the coalition. A quorum for transacting business shall be a majority of the members of the coalition. 50-12-92. (a) The coalition shall have the following powers and duties: (1) To conduct or have conducted studies and research on issues pertaining to women, including but not limited to such topics as the following: (A) Educational needs of and opportunities for women; (B) Social security and tax laws as they affect women; (C) Women's health issues; (D) Political, legal, civil, property, and social rights of women; and (E) Employment policies in the public and private sector and their impact on the wage-earning capacity of women; (2) To collect and disseminate information regarding women in the State of Georgia and the nation and, without limiting the foregoing, to compile, report, publish, and disseminate the research and studies which the coalition conducts or has conducted; (3) To review and analyze the laws of the State of Georgia and their impact on the lives of the women of this state; 1570 JOURNAL OF THE SENATE (4) To consult with and advise the Governor and any state department, agency, board, commission, authority, or member of the General Assembly or any legislative or judi cial committee or commission on matters pertaining to women. The dissemination of information, advice, studies, and reports to members of the General Assembly or legis lative committees by the coalition or its members acting in their official capacity shall not constitute lobbying or make the member a lobbyist for purposes of Article 4 of Chapter 5 of Title 21; (5) To cooperate with the government of the United States and the governments of other states in programs relating to women; (6) To promote, encourage, and provide advisory assistance to state, local, and commu nity women's professional, business, and civic organizations; (7) To accept public or private grants, devises, and bequests; (8) To hold public hearings, conferences, seminars, meetings, ceremonies, and like events. The coalition may hold such events in conjunction with compatible events or receptions held or conducted by private parties; (9) To recognize achievement by women and women's organizations; and (10) To take any other action the coalition deems necessary to fulfill its responsibilities. (b) The coalition shall be authorized to enter into all contracts or agreements necessary or incidental to the performance of its duties. (c) All executive departments, agencies, boards, commissions, and authorities shall coop erate with the coalition in the performance of its duties. 50-12-93. The members of the coalition shall each receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the coalition is in attendance at a meeting of the coalition or a committee of the coalition, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such at tendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Each member shall also be reimbursed for actual expenses incurred while conducting the business of the coalition on days other than coali tion meeting days. Reimbursement for travel and lodging shall be in accordance with the rules and regulations promulgated by the Department of Audits and Accounts and the Office of Planning and Budget for state travel. 50-12-94. The coalition shall publish an annual report summarizing the activities, findings, and recommendations of the coalition. The report shall be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and all members of the Senate and the House of Representatives not later than November 1 of each year.'" On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay Crotts Glanton Gochenour Guhl Huggins Johnson of 1st Lamutt Madden Price of 28th Price of 56th Ralston Ray Tanksley Thomas of 54th Tysinger TUESDAY MARCH 25, 1997 1571 Those voting in the negative were Senators: Abernathy Bowen Broun of 46th Brown of 26th Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Kemp Land Langford Marable Middleton Oliver Perdue Ragan Roberts Scott Stokes Streat Taylor Thomas of 10th Thompson Turner Walker Not voting was Senator Starr. On the adoption of the amendment, the yeas were 23, nays 32, and the Glanton amend ment to HB 761 was lost. Senator Egan of the 40th offered the following amendment: Amend HB 761 by striking Sec. 2 and renumbering Sec. 3 & 4. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Guhl Hill Hooks Huggins Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators: Brown of 26th Griffin Harbison Henson James Johnson of 2nd Scott Thomas of 10th Walker On the adoption of the amendment, the yeas were 47, nays 9, and the Egan amend ment was adopted. Senator Johnson of the 1st offered the following amendment: Amend HB 761 by adding new Section 3 on page 3, line 33, and renumber 3 to 4 and 4 to 5: "SECTION 3 This Commission shall cease to exist on January 1, 1998." Senator Johnson of the 1st asked unanimous consent that his amendment be withdrawn. 1572 JOURNAL OF THE SENATE The consent was granted, and the amendment was withdrawn. Senators Ray of the 48th, Price of the 56th, Gochenour of the 27th and Cagle of the 49th offered the following amendment: Amend HB 761 by adding a new section as follows: The commission shall not expend or allow to be expended any funds in any manner which would assist, promote, or support any behavior or acts which are against the laws of this state. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Guhl Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ralston Ray Roberts Streat Tanksley Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators: Bowen Broun of 46th Brown of 26th Fort Griffin Harbison James Oliver Ragan Scott Starr Stokes Taylor Thomas of 10th Walker Not voting was Senator Abernathy. On the adoption of the amendment, the yeas were 40, nays 15, and the Ray, et al. amendment to HB 761 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Bowen Broun of 46th Brown of 26th Brush Crotts Dean Egan Fort Gillis Griffin Harbison Henson Hill Hooks James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan Ralston Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Thompson Turner Tysinger Walker TUESDAY MARCH 25, 1997 1573 Those voting in the negative were Senators: Balfour Boshears Burton Cagle Cheeks Clay Glanton Gochenour Guhl Huggins Johnson of 1st Price of 28th Price of 56th Ray Thomas of 54th On the passage of the bill, the yeas were 41, nays 15. The bill, having received the requisite constitutional majority, was passed as amended. HB 845. By Representatives Floyd of the 138th and James of the 140th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Hawkinsville Civitan Club's "Shoot the Bull" barbecue championship as the state's official beef barbecue championship cookoff; to designate the "Slosheye Trail Big Pig Jig" as the state's official pork barbecue cookoff. Senate Sponsor: Senator Ray of the 48th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Oliver Perdue Walker On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 830. By Representative Connell of the 115th: A bill to amend Article 13 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to private home care providers, so as to provide an addition al exemption from the provisions of said article. Senate Sponsor: Senator Middleton of the 50th. 1574 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Perdue Starr Walker On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1016. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others: A bill to amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, so as to create a second division of the State Court of Richmond County. The Calendar was resumed. HB 307. By Representative Smith of the 109th: A bill to amend Part 11 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to costs on judicial process, so as to provide for ad ditional requirements for garnishment of funds or other property under the con trol of financial institutions; to require certain information in summons of gar nishment. Senate Sponsor: Senator Oliver of the 42nd. TUESDAY MARCH 25, 1997 1575 The Senate Judiciary Committee offered the following substitute to HB 307: A BILL To be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Anno tated, relating to garnishment, so as to require additional information to be provided on certain affidavits and summonses; to provide for property in safe-deposit boxes; to provide for a new form; to provide for relief from liability for certain failures to answer, for attach ing liens, and for freezing, paying, or delivering into court certain property or money; to provide for immunity from liability regarding certain association accounts and fiduciary accounts; to provide for cost reimbursements; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, is amended by adding immediately following subsection (h) of Code Section 18-4-20, relating to property subject to garnishment, a new subsection (i) to read as follows: "(i) A summons of garnishment upon a financial institution, or an attachment thereto, shall state with particularity all of the following information, to the extent reasonably available to the plaintiff: (1) The name of the defendant, and, to the extent such would reasonably enable the garnishee to answer properly the summons, all known configurations, nicknames, ali ases, former or maiden names, trade names, or variations thereof; (2) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to answer properly the summons of gar nishment and such is reasonably available to the plaintiff, the past addresses of the defendant; (3) The social security number or federal tax identification number of the defendant; and (4) Account, identification, or tracking numbers known or suspected by the plaintiff to be used by the garnishee in the identification or administration of the defendant's funds or property. A misspelling of any information required by paragraph (1) or (2) of this subsection, other than the surname of a natural person defendant, shall not invalidate a summons of gar nishment, so long as such information is not misleading in a search of the garnishee's records." SECTION 2. Said chapter is further amended by adding immediately following paragraph (6) of Code Section 18-4-66, relating to forms for postjudgment garnishment, a new paragraph (7) to read as follows: "(7) Attachment to summons of garnishment upon a financial institution. 1576 Plaintiff JOURNAL OF THE SENATE IN THE ______ COURT OF ______ COUNTY STATE OF GEORGIA Civil action File no. Defendant Other known names of Defendant Current and past addresses of Defendant Social security number or federal tax identification number of Defendant Account or identification numbers of Defendant used by Garnishee Other allegations Garnishee )" SECTION 3. Said chapter is further amended by striking Code Section 18-4-84, relating to delivery of money or property to court, and inserting in its place the following: "18-4-84. Along with the answer, the garnishee shall deliver to the court the money or other prop erty admitted in the answer to be subject to garnishment. If in answering the summons of garnishment, as provided in Code Section 18-4-82, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the exist^ ence of such safe-deposit box and shall hold any contents of such safe-deposit box until the earlier of: (1) Further order of said court either releasing the garnishment or specifically requir ing the garnishee to open such safe-deposit box and deliver any contents thereof to said court upon conditions prescribed by said court; or TUESDAY MARCH 25, 1997 1577 (2) The elapsing of 120 days from the date of filing of the answer to the summons of garnishment unless such time has been extended by the court." SECTION 4. Said chapter is further amended by adding immediately following Code Section 18-4-92, a new Code section to read as follows: "18-4-92.1. (a) A garnishee may be relieved from liability for failure to answer properly the summons of garnishment if the plaintiff failed to provide the information required by subsection (i) of Code Section 18-4-20 that would reasonably enable the garnishee to answer properly the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determin ing whether a garnishee may be relieved of liability imposed by Code Section 18-4-92, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to subsection (i) of Code Section 18-4-20 with the manner in which the garnishee maintains and locates its records, the compliance by the garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which the garnishee is located. (b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien, the freezing, payment, or delivery into court of property, money, or effects reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall proceed in the manner prescribed in subsection (a) of this Code section by comparing the efforts of the plaintiff to comply with subsection (i) of Code Section 18-4-20 and the garnishee's record system and procedures. (c)(l) As used in this subsection, the term: (A) 'Association account' means any account, or any safe-deposit box or similar prop erty, maintained by a corporation, statutory close corporation, limited liability com pany, partnership, limited partnership, limited liability partnership, foundation, trust, a national, state, or local government or quasi-government entity, or any other incorporated or unincorporated association. (B) 'Fiduciary account' means any account, or any safe-deposit box, maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, for purposes of this subsection, the term fiduciary account shall include any 'trust account' as defined in Code Section 71-810, any account created pursuant to a transfer governed by Code Section 44-5119, and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority. (2)(A) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association ac count, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose. (B) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment if such account specifically is exempted from garnishment by the laws of this state. (C) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of 1578 JOURNAL OF THE SENATE the fiduciary account or the summons of garnishment alleges that the fiduciary ac count is being used by the defendant for an improper or unlawful purpose." SECTION 5. Said chapter is further amended by adding at the end of Code Section 18-4-97, relating to garnishee's expenses, a new subsection to read as follows: "(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided by Code Section 7-1-237." SECTION 6. This Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brush Henson Hooks Middleton Perdue Starr Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 570. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating in general to financial institutions and their regulation, so as to provide that no financial institution may charge any fee of any kind to a person who does not have an account with that financial institution for cashing TUESDAY MARCH 25, 1997 1579 a check or other instrument which is payable to such person and is drawn on the account of another person with that financial institution. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Ragan Ralston Ray Roberts Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Balfour Blitch Burton Gochenour Hill Price of 28th Price of 56th Those not voting were Senators: Perdue Scott Starr Walker On the passage of the bill, the yeas were 45, nays 7. The bill, having received the requisite constitutional majority, was passed. HB 963. By Representatives Crawford of the 129th, Yates of the 106th and Sanders of the 107th: A bill to amend an Act creating the Griffin Judicial Circuit, so as to change the county supplement for the superior court judges of that circuit. Senate Sponsor: Senator Price of the 28th. Senators Price of the 28th, Ralston of the 51st, and Clay of the 37th offered the follow ing amendment: Amend HB 963 by striking lines 5 through 7 of page 1 and inserting in lieu thereof the following "superior court judges of that circuit; to provide an effective date;" By striking lines 17 through 32 of page 1 and inserting in lieu thereof the following: "(a) The governing authorities of the counties composing the Griffin Judicial Circuit are authorized to provide from county funds supplements to the compensation of each judge of superior court as follows: 1580 JOURNAL OF THE SENATE YEARS OF SERVICE SUPPLEMENT Less than 5 ......................................................... $14,000.00 At least 5 but less than 8 .............................................. 16,500.00 At least 8 but less than 12 ............................................. 19,000.00 At least 12 but less than 16 ............................................ 21,500.00 16 or more ........................................................... 24,000.00 In addition to the foregoing, the additional amount of $2,000.00 shall be paid to the chief judge of the circuit annually as compensation for the additional duties of that office." On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Broun of 46th Hooks Perdue Starr Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 273. By Representative Childers of the 13th: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the reuse of unused unit dosage drugs in certain long-term care facilities. Senate Sponsor: Senator Madden of the 47th. The Senate Health and Human Services Committee offered the following substitute to HB 273: A BILL To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for the TUESDAY MARCH 25, 1997 1581 reuse of unused unit dosage drugs in certain long-term care facilities; to provide for statu tory construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows: "49-4-152.3. (a) As used in this Code section, the term: (1) 'Long-term care facility' or 'facility' means an intermediate care home, skilled nurs ing home, or intermingled home subject to regulation as such by the Department of Human Resources. (2) 'Unit dosage drug' means any dangerous drug regulated under Chapter 13 of Title 16 which is individually packaged to contain only one dosage of such drug and which includes on such packaging the brand or generic name, strength, lot number, and expi ration date of such drug. (b) Unit dosage drugs may be returned to the dispensing pharmacy for reuse. The de partment and the State Board of Pharmacy shall promulgate regulations which permit the reuse of prescribed but unused unit dosage drugs for a resident of a long-term care facility other than the resident for whom the drug was originally prescribed, but only when: (1) The cost of those drugs has been paid for or reimbursed under this article; and (2) The drugs are unused because the resident for whom the drugs were originally prescribed: (A) Has died; (B) Has had such resident's prescription changed so as no longer to require those drugs; or (C) Otherwise no longer needs those drugs. The consent of the resident for whom the unused drugs were originally prescribed shall not be required for such reuse of prescribed unit doses. Such reuse shall only be author ized by a resident of a long-term care facility for whom the specific dosage of that unused drug has been prescribed when payment or reimbursement for that drug for that resi dent is otherwise permitted under this article. Nothing in this Code section shall require a pharmaceutical manufacturer to provide a rebate based on the reuse of any unused unit dosage drug." SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 1582 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Voting in the negative were Senators Burton and Tysinger. Those not voting were Senators: Abernathy Perdue Starr Thompson Walker On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HB 284. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotat ed, relating to dormancy and revival ofjudgments, so as to exclude judgments or orders for child support or spousal support. Senate Sponsor: Senator Taylor of the 12th. The Senate Judiciary Committee offered the following substitute to HB 284: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Arti cle 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dor mancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support; to amend Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, so as to provide for duties under the Uniform Interstate Family Support Act; to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of an assistant district attorney to perform duties under the Uniform Inter state Family Support Act; to amend Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a fam ily member, so as to redefine a certain term; to amend Chapter 6 of Title 19 of the Official TUESDAY MARCH 25, 1997 1583 Code of Georgia Annotated, relating to alimony and child support generally, so as to pro vide that payments or installments of child support under a support order are judgments by operation of law; to provide for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying a foreign child support order and to establish concurrent jurisdiction among spe cific courts of Georgia; to change certain procedures relating to a rule nisi; to authorize a court to order the suspension or denial of hunting or fishing licenses of persons not in com pliance with an order for child support; to change certain definitions; to provide that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; to authorize the IV-D agency to issue an order for income deduction; to provide that child support orders shall automatically become subject to withholding upon the accrual of a 30 day arrearage; to provide that contesting an income deduction order shall not stay its enforcement; to change the method of service of an in come deduction order; to provide for a method to attack fraudulent conveyances; to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, to provide for the issuance of an order for the legitimation of a child in certain proceedings to establish paternity; to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that there is no trial by jury in paternity actions and to authorize the Office of State Administra tive Hearings to adjudicate certain paternity actions; to change the requirements for ser vice of process upon nonresidents; to require the court to order genetic tests to establish paternity upon motion by any party; to require genetic tests to be performed in laboratories certified by the American Association of Blood Banks; to provide for matters of proof in paternity actions; to provide for voluntary acknowledgements of paternity and the legal effect of such acknowledgments upon registration with the Department of Human Re sources; to provide for the issuance of temporary child support orders and payments made pursuant to such orders; to provide that evidence of costs of pregnancy, child birth, and genetic testing shall be admitted without the need for third-party testimony and shall con stitute prima-facie evidence of amounts incurred; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to define certain terms; to provide for rescission of voluntary acknowledgments of paternity in the putative father registry; to authorize the IV-D agency to require entities in Georgia to disclose information regarding an obligor or obligee, including information about location, income, and credit status, and to establish a penalty for failure to respond; to require em ployers doing business in Georgia to make certain reports to the Department of Human Resources; to authorize the enforcement of proposed consent orders and income deduction orders entered prior to the filing of an action; to provide that the final administrative order for support shall have the full force and effect of an order of a superior court; to require the IV-D agency to provide certain notices and information regarding support obligations to certain persons; to authorize the IV-D agency to institute collection procedures for all child support arrearages; to create a lien in an amount sufficient to satisfy unpaid child support; to provide for administrative and judicial review, perfection, priority, and expiration of such lien; to authorize the IV-D agency to levy upon property to satisfy such lien and to provide for penalty for failure to surrender property; to require the Department of Human Resources to establish safeguards against the unauthorized use or disclosure of certain information; to authorize the Department of Administrative Services to establish a com puter based registry of account data obtained from financial institutions doing business in Georgia; to establish reporting requirements and penalties relating to the registry; to es tablish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review; to authorize the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," so as to provide that no petition may be filed, nor may any proceeding be initiated, under said article on or after January 1, 1998; to enact Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform 1584 JOURNAL OF THE SENATE Interstate Family Support Act;" to provide for a short title; to provide for definitions; to provide for extended personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage; to provide for jurisdiction in support proceedings involving two or more states; to provide for reconciliation of multiple orders for support; to establish procedures relating to proceedings under said article; to provide for the duties of initiating and responding tribunals; to provide for the duties of the support enforcement agency; to authorize the district attorney of each judicial circuit to represent the Department of Human Resources in any proceeding under said article; to designate the Department of Human Resources as the state information agency; to provide for limited immunity of a petitioner under said article; to provide for evidentiary matters, including the application of certain privileges; to provide for establishment of a support order; to provide for enforcement of an order of another state through income withholding; to provide for penalties for noncompliance with an income-withholding order issued by an other state; to provide for registration and enforcement of a support order or income-with holding order of another state; to provide for modification of a registered child support order; to provide for proceedings to determine parentage; to provide for interstate rendition of persons charged criminally with failure to provide support; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses and permits generally, so as to provide for the suspension or denial of licenses for failure to comply with an order of child support; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to correct a cross-reference; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to spe cific periods of limitation of actions, is amended by striking in its entirety Code Section 9-320, relating to actions on foreign judgments, and inserting in lieu thereof a new Code Sec tion 9-3-20 to read as follows: "9-3-20. All actions upon judgments obtained outside this state, except judgments for child sup port or spousal support, or both, shall be brought within five years after such judgments have been obtained." SECTION 2. Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, is amended by adding immediately following subsec tion (c) of Code Section 9-12-60, relating to when a judgment becomes dormant, a new subsection (d) to read as follows: "(d) The provisions of subsection (a) of this Code section shall not apply to judgments or orders for child support or spousal support." SECTION 3. Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: "(4) Notify within 15 days the person entitled to support of any account which is 30 days past due except: (A) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments; TUESDAY MARCH 25, 1997 1585 (B) In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney; (C) In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or (D) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement;" SECTION 4. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant dis trict attorneys, is amended by striking in their entirety paragraph (4) of subsection (a) and paragraph (4) of subsection (b) and inserting in lieu thereof two new paragraphs to read as follows: "(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, dep uty district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor-general or assistant solicitor-general of a state court or as a solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; a person who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of the State of Georgia; a person who serves on a fulltime contractual basis with the Department of Human Resources as an attorney em ployed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chap ter 11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' ~, and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22." (4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sec tions 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Recip rocal Enforcement of Support Act,:' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a con tract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provi sions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit." 1586 JOURNAL OF THE SENATE SECTION 5. Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Earnings' means compensation paid 01 payable foi peiyunal services, whethei dbiiuminated as any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, ui ulhmwibe, aiid~m= chides pejiodic payments puibuant to a pension ui letiiemenl piugiam workers' compen sation, disability, payments pursuant to a pension or retirement program, and interest." SECTION 6. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding immediately following subsection (d) of Code Section 19-6-17, relating to an application for child support following a custody award, a new subsection (e) to read as follows: "(e) Any payment or installment of support under any child support order is, on and after the date due: (1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced; (2) Entitled as a judgment to full faith and credit; and (3) Not subject to retroactive modification." SECTION 7. Said chapter is further amended by striking in its entirety Code Section 19-6-26, relating to the procedure for modification of a permanent alimony judgment, and inserting in lieu thereof a new Code Section 19-6-26 to read as follows: "19-6-26. \Si) t>O luiij:J cts ct pcti't^y ci^ctiiisL wliGiii is iLtJinJ.ci"t:Cl ci jjtil llittiltJiiL dlllllGiYy ju.CJ.^iiicilt' i*(3IUHIlS in ur is domiciled in this state, the exclusive pioceduie for the modification uf the judg ment oliall uc u^ a \ji uCceumg instituted lui ouCii pui^ju&eo ill the supellul cuuit ui tlic county ill which veime is piopei. As used in this Code section, the term: (1) 'Child support order' means a judgment, decree or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or m a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (2) 'Continuing, exclusive jurisdiction' means the authority and jurisdiction of a court to enter or modify a judgment, decree, or order for the payment of child support, as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) 'Foreign child support order' means a judgment, decree, or order of a court or au thorized administrative agency of another state requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (4) 'Modification' means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to a child support order or foreign child support order. (5) 'Moving party' means the party initiating an action for the modification of a child support order or foreign child support order. (6) 'Nonmoving party' means the party not initiating an action for the modification of a child support order or foreign child support order. TUESDAY MARCH 25, 1997 1587 (7) 'State'means a state of the United States, the District of Columbia, the Common wealth of Puerto Rico, the territories and possessions of the United States, and Indian Country as defined in 18 U.S.C. Section 1151' ~~ (b) No judgment uf any uthei slate ui foreign jurisdiction by which it ib attempted tu muuily ajuugiiiciit ui lino aliilt; awaiuing pciiuciiiciil ciliiiiuji^y iui tlic suppuiL ui a. py the agency lehpmisible fui iiicume deductiun in aiiolhei stale lei minalefe lno icleiLiunsliip wiLli Ins pct_yui, the 1V-1J tigtiiic^y slicill nullify tlic agein^y in Llie utlici ESLExLc miu piuviue iL wiLli tlie ntmic cinu fciuuicsa ul tilt; uuligui anu Llic ciuuitiaa ul an^ new pa_yui ul Llic uuligui, il Knuwu. (4) The pi ocudui al i ules and law s uf this slate guv em Llie pi ucedia al abpecLti uf iiicumn ucu uutiuii ui uei wlienevt;! tilt: tigeutj^y lespunsiulc lui iiiuumc utjuuuLiuii in ttiiuLlici state lt?nut;LB Hit eiiluiueiiienL ui cin inCuiiie ucuUCLluii uiuci 111 tlna state. 1 he prOVJ- sions of Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' apply to all income deduction orders originating in this state and directed to an other state. In addition, the provisions of Article 3 of Chapter 11 of this title, the 'Uni form Interstate Family Support Act,' apply to all income withholding orders originating in another state and directed to this state." SECTION 13. Said chapter is further amended by adding immediately following Code Section 19-6-34 a new Code section, to be designated Code Section 19-6-35, to read as follows: "19-6-35. (a) As used in this Code section, the term: (1) 'Child support obligee' means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child. (2) 'Child support obligor' means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree. 1594 JOURNAL OF THE SENATE (b) A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of at tacking as fraudulent a judgment, conveyance, transaction, or other arrangement inter fering with the creditor's rights, either at law or in equity." SECTION 14. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to the peti tion for legitimation of child, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows: "19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning tne superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption peti tion is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. In addition, the court shall upon notice to the mother further es tablish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (b) Consistent with the purpose of subsection (a) of this Code section, whenever the De partment of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitima tion petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues of name change, visitation, and cus tody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child." SECTION 15. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, is amended by striking in its entirety Code Section 19-7-40, relating to jurisdiction, and inserting in lieu thereof a new Code Section 19-7-40 to read as follows: "19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdic tion in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury. (,Dj Wllfciic vei' LiltJ Jjtj^j cii' t intent OI .ti.uiiiici.il JrC^SuU.rct;S HUt;K.b tu critciljliBii Jjflt&riiil^'iGT tilG Dt;iit;lit ul Si Cliilu lui~ wliOill j^uuliu i!3t)itit/&iiCt; is uclii^ i*t;Ct;-ivt;u. Or ti Ciiilu. wliO IS iiOt tilt; recipient OI plluliC fcissiStclIICe WiiGse CU.StOQ13.il iiaS applied lui' SGrviCt:S lOi1 Llie Cililu., tile puta.tive~iitlit;i* may VuluiitcU'lly waive 111 writingins I'ljjjllt to a ti'lo.1 u_y jury ill tlie sujjt;- noi1 court and Cunstjiit to trro fctuiiiiriicJti'ativt; uetertiiiiiatiuiior pate I'M il^pursuantbo Chaptei 13 of Title 50 Whenever the Department of Human Resources seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to TUESDAY MARCH 25, 1997 1595 adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the 'Georgia Admin istrative Procedure Act'; provided, however, that if the putative father demands a trial by jury in the superior court, it shall be the duty of the judge to cause an issue to be made and tried by jury at the first session of the next term of court succeeding the putative father's demand for trial by juiy ui before the judgt; wUhuut a juiy duiing the same teim ill Lilt cvcuL LliiL Llic ^JLlLfcttlvt Ic^Lilt^l lictVmg uiciilc ti ucmeiiiil lui Liidl u^ JLll'j' LllCicalLci' withdraws haid Jumand. The administrative determination shall have the same force and effect as a judicial decree." SECTION 16. Said article is further amended by striking in its entirety Code Section 19-7-41, relating to service outside the state, and inserting in lieu thereof a new Code Section 19-7-41 to read as follows: "19-7-41. In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapter 11 of this title aiihiug uul of Llie fact thai Lhe child was ixiuctiivtid as a lesull ul cm ctuL ul otJALitil niLciUULIIst: wiLlmi LiiiS sttiLt; wliilt: titlitil jpaxcuL was a leaijcut ul lliis state and the peisun uu whum seivice is lequiied is the alleged father uf the child." SECTION 17. Said article is further amended by striking in its entirety Code Section 19-7-43, relating to a petition to establish paternity, and inserting in lieu thereof a new Code Section 19-7-43 to read as follows: "19-7-43. (a) A petition to establish the paternity of a child may be brought by: (1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions." (d) In any case involving child auppuit in which the paternity of a child is made au issue or children has not been established, any party may make a motion for the court to the cumt, in its disuibtion, may order the mother, the alleged father, and the child or chil dren to submit to bluud genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be is sued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. 1596 JOURNAL OF THE SENATE (e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. The request for the order shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department prior to the testing or the imposition of any noncooperation sanction. (f) In any case in which the court or the department orders genetic testing, the depart ment shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request." SECTION 18. Said article is further amended by striking in its entirety Code Section 19-7-45, relating to blood tests, and inserting in lieu thereof a new Code Section 19-7-45 to read as follows: "19-7-45. Ab suuix as piaclicable aftei ail action has been biuught, the cuuit, upon muliuii uf the peUtiuaui, the respondent., ui aiiy other inteiesled paily, may order the moLhei, the al- It^ud lEltiier,ttilutil6 CililCl to S U billit tO cui^DlOuLl tuStS,lild uuiii^f cHlJ' Or tilG typ&S01 tGStliig Sjjcc-iilGCi 111 Su-UstjCtlGii \>j) OX (--/Otic ocCtiuii -LI? r^*lU, wlilCli cue -fOSSGIlclDJ-y ctCC6SSl~ Dlt;. Xii~Cfl,S6S in wJ.ilC.tl lilt; JJtijjekrtlileiit 01 liUllltili IxesuillCeS IS tilt; petltluilt;i' jjU-lSLiiiil tO paiagraph (4) uf subsetUun (a) uf Code Section 19-7-43, the cuuit shall upon muliuii of illlj' jjttltyto tiit; iiCtlOIi Oi'uci" tile motlici1 ) tllti cllle^tju liltiiei1 , iiiCt tllG CJllJti tu SUDIilit tu SUCii LJlOOu. tGStS. it tilt; uuUl't uiud'S tilt; ulOOu. tests 11111 ii tilt; ttutiOii 18 DTGliglit pi'iul" tO Lhe biilh uf the child, the cuuit shall uidei the bluud tests made as suou aa medically feasible dflei Qie biiih. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualifled immunologist, or other qualified person. Upuu uiotiun by a paity, the court may ui tlt;i' tlictt iniit?^Jdiilt;iiL teats Ijc jjt;i lui iiicd Dy uLliei CA|JCI Ls mjctlilictl SS tAtiiiiiiici ci Or bluud Lypus. In all cases, however, the court shall determine the number and qualifica tions of the experts. In all cases the result shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood genetic test, the court may dismiss the action upon motion of the respondent." SECTION 19. Said article is further amended by striking in its entirety Code Section 19-7-46, relating to evidence at trial, and inserting in lieu thereof a new Code Section 19-7-46 to read as follows: "19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the sta tistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity bluud genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, TUESDAY MARCH 25, 1997 1597 shall be admitted in evidence when offered by a duly qualified, licensed practicing physi cian, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic test ing which establishes at least a 97 percent probability of paternity. The rebuttable pre sumption of paternity can be overcome by the presentation of competent clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a bluinJ genetic test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child. (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the prob able time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate." SECTION 20. Said article is further amended by striking in its entirety Code Section 19-7-46.1, relating to the name or social security number on birth certificate or other record as evidence of paternity, and inserting in lieu thereof a new Code Section 19-7-46.1 to read as follows: "19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the alleged father was entered with his written consent from the vital records department of another state or the registration of the father, en tered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establish ment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. ID) illiS CJodC;StJULiuu slitill uE fci|j|jliCciulu Lu u.liy'"ptjLiLiuii LO GSlttullisii Llie ]jOiib \V61"6 COH- ClutttJLi jj^upt;!1!^, it Will uc Llln3ir duty tO C16C1Q6 tlliit tiic o.llG6u. jj^-l'tiilL is ilOt tlic Iicitu.iLal parent. The trier of fact shall receive without foundation or the need for third-party testi mony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree." SECTION 23. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," is amended by striking in its entirety Code Section 19-11-3, relating to definitions, and inserting in lieu thereof a new Code Section 19-11-3 to read as follows: "19-11-3. As used in this article, the term: (1) 'Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise. (2) 'Department' means the Department of Human Resources. (3) 'Dependent child' means any person under the age of 18 who is not otherwise eman cipated, self-supporting, married, or a member of the armed forces of the United States. (4) 'Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. TUESDAY MARCH 25, 1997 1599 (5) TV-D' means Title IV-D of the federal Social Security Act. (6) TV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors. (5)(7) 'Parent' means the natural or adoptive parents of a child and includes the father of a~child born out of wedlock if his paternity has been established in a judicial proceed ing or if he has acknowledged paternity under oath either in open court, in an adminis trative hearing, or by verified writing." SECTION 24. Said article is further amended by striking in its entirety subsections (b) and (d) of Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, and inserting in lieu thereof new subsections (b) and (d) to read as follows: "(b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning de serting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uiiifuim Recipiocal Eiifui cement uf Suppuit Act Uniform Interstate Family Support Act or a law substantially similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act?1 "(d)(l) There is established within the department a putative father registry. The pu tative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court or administrative agency of competent jurisdiction. A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1. uiubt include a declajatiuii thai, to Lhe bebt of hit, knowledge and belief, the legialiant is iiut tlit; faUit:!1 Ol tll6 Halllfeu ollilcl ui trial 'A COUiLt liau duJUuluiiLeu pfl.terHlljf cUlu someone othui Lhaii the legisUaiit has been determined tu be the falhei uf the child. Revocation shall only be effective dflui LhebiiLh uf the child The department is author ized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services." SECTION 25. Said article is further amended by striking in its entirety Code Section 19-11-9.1, relating to the duty to furnish information about an obligor to the Department of Human Resources, and inserting in lieu thereof a new Code Section 19-11-9.1 to read as follows: "19-11-9.1. (a) Any state ui local agency ui piivale employe! uf this slate entity in this state includ ing for profit, nonprofit, and governmental employers, upon the request of the depart ment and its authorized contractors, shall provide the department with information regai ding , including the name, address, srrd social security number, employment, com pensation, and benefits regarding of a person owing or allegedly owing an obligation of support for a dependent child. In addition tu tlie piecbding infui matiuii, if the case in- VUIVKS cl JJC1 Hull i't^UdVIllg ^JLlOllC clBBlBLtlilUe, lilt? Clll^jlu^t;! sllclll clloU ^JiUVltlc lIlluHiltlLlUll 1 C^ll lllllg Ctll lllllga. UlC UC^JCli LlllKllt UJJUH ICUCl^lt ul lllib llliul'illtllUUL LLl&y LlLHfi.C it CIVilll- able only to the appiopjIaU- ufllcialb or agency uf lldb blate 01 any ulliei slate updating a piLOgi'a.iii pUisua.111 to litle IV-D ui tlie leuGral oOCial oeuui'itj Act. 1600 JOURNAL OF THE SENATE (b) Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the IV-D agency in locating a custodial parent or noncustodial parent. The IV-D agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles; registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's of fice; housing authority; employer; professional or trade association; labor union; profes sional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligeeT (c) The IV-D agency may request from any employer or other person or entity providing a source of income which the IV-D agency has reason to believe employs an obligor or obli gee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months" (d) The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected by the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (e) No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance' (f) Responses pursuant to this Code section may be made by paper, facsimile, magnetic tape, or other electronic means. (g) The failure of any individual or entity, without reasonable cause, to provide the IV-D agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by a penalty to be assessed by the IV-D agency or by a court of competent jurisdiction in the amount of $100.00 for each such failure or false response." SECTION 26. Said article is further amended by striking in its entirety Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, and inserting in lieu thereof the following: "19-11-9.2. (a) Effective July 1, 1993, employers doing business with suvtm ui muie euujluyeeb in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, sepa rated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or TUESDAY MARCH 25, 1997 1601 (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified busi ness identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particu lar employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obliga tion or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. (f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the de partment, including, but not limited to, the Aid tu Families with Dependent Childieii Temporary Assistance for Needy Families program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent un employment contributions and overpayment of unemployment benefits. (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users. (ij M IllS xJOtit; ScCtlOU Sxia.ll Dt; r&pGa,lt;Cl 111 its Giltii'cL^y ellc^LiVfe IVla^ T^ li/i? /. SECTION 27. Said article is further amended by striking in its entirety Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof new Code Sections 19-11-15 and 19-11-15.1 to read as follows: "19-11-15. (a) When the department has completed its investigation, lias applied thu standard es tablished puisuauL tu Cude Section 19-11-12 Lu an absent, paieiit has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section 9-12-18, request the absent parent to aglet! in willing enter into a proposed con^ sent order and "income deduction order to provide the support amount aluiig with ariH accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a vuluntaiy buppuii agreement proposed consent order from the parent, the department ui its designated heaiiug ufllcBi may file an action in superior court or may cuiiduct initiate an administrative heaiiug lu ueleiuime finally the dUil-ity IO &i_i^jjJui'L, Lliti ciuiliCy tO Jii'uviClc ctCClU.t^ii.1 cLilu SlCKj.ictiS llisui'&iiCi' (XJVd'ii^c, ollu 1602 JOURNAL OF THE SENATE the amuuul of suppoit action pursuant to Chapter 13 of Title 50, the 'Georgia Adminis trative Procedure Act.' (b) The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing. (c) Wlibiujvui the Jepai tmeut, aftei a healing, determines the amount of support and the ttuilitj/ tu piuviut; ttuuiuciit ciliu oiuk-iicoo iiisuictiiue uuvtuagt;, it alicill deliver Hit; ueteiim- natiuu The determination of the administrative law judge regarding the ability to pro vide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall send it be sent by regular mail. The final order shall include an order for income deduction consistent with Code Sections 196-30 through 19-6-34, and shall inform the absent parent in plain language: (1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her wages or other personalty, or in other collection actions; and (2) That he the absent parent has the right to appeal the determination within 30 days. (d) The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be avail able for the enforcement of such administrative ordersT 19-11-15.1. The IV-D agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which services are being provided under this article, with the following^ (1) Notice, pursuant to Title IV-D of the Social Security Act and regulations thereun der, of all proceedings in which support obligations might be established or modified; and (2) A copy of any order establishing or modifying a child support obligation or, in the case of a request for review or modification, a notice of determination that there should Fe no change in the amount of the child support award within 14 days after issuance of such order or determination." SECTION 28. Said article is further amended by striking in its entirety Code Section 19-11-18, relating to child support liens, and inserting in lieu thereof a new Code Section 19-11-18 to read as follows: "19-11-18. (a) A child suppuit lien in favui uf the depajtmeiit shall attach to all pers j^jiu^jei \*y Ortlit; ico^juiiDiulc ^j'Cii entn lit?licis laileLlto incline iiiiy dull! oup _ williiii 30 uci^S ailt;i it i due, unless lie 1ms appemed, ill wliidi event tlie lien citlatlies il lie iaila tu })&y williiii 30 dtiyo altei llic judgmeiit ul tlic uuuiL culii iniiig llic ueptil tmciit s decision. The IV-D agency, in accordance with Title IV, Part D of the federal Social Se curity Act, is authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court or an order from a IV-D agency of competent jurisdiction. These collection proce dures shall include, but not be limited to, notification of employers that a wage assign ment is in effect and not suspended; notification of obligor; demand letters; use of state and federal income tax refund intercept programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section; the use of the services of any person providing collection services to the depart ment; seeking warrants in appropriate situations; attachment or lien against property; TUESDAY MARCH 25, 1997 1603 civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders. (b) The Jepai Uiiuiit must tile its claim uf lien within lliibb mouths fium (1m Lime it altadieb lu the piupei ly uf the yaiuiit. The claim uf lien must be filed with the cleik uf the Siipc.T101T uuu.it ul tiit^ CGU.HVy ill WillCli tlit: projiei'ty IS lutj&Ltiu LIIQ feritill sLcitt; flS iGllGws. Hie ottltS OI (jrt:Or,T.k, Efy tlife Uejien'tulcllt Oi HilIUciii rwJSGui'CeS, Ci&lUlS 3 riGIi ITT tlT.6 31110 mil OI Oil Llit; (,Q6SCrit)tS prujJtJi'ty) ul (.UHlUt; ul pir~ eat) fui child suppuit owud tu bib dependent ihilJien and public assistance moneys pcud tu Ins uliiluieii by tlic Diipm tiiiclil ul Hainan IxeSOuiCcS. (1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodi cally. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is estab lished. Such lien shall incorporate any additional child support obligation on the date it becomes due and shall not terminate except as provided in paragraph (5) of this subsection. Upon recordation or registration in accordance with paragraph (3) of this subsection, such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in paragraphs (3) and (5) of this subsection. (2) When the IV-D agency determines that child support is unpaid, it shall send writ ten notice to the obligor by first-class mail, if the address is known to the IV-D agency, no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within 30 days of the date of the notice. If the obligor files a timely written request for an administra tive review, the IV-D agency shall conduct the review within 21 days of said request and shall not conduct further administrative enforcement action under this subsection^ until the review is completed. If the obligor has failed to keep the IV-D agency in formed of his or her address as required by Code Section 19-6-32 and the agency can not otherwise determine the current address of the obligor from other available information, the agency may proceed under the provisions of paragraph (4) of this subsection. (3) The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to, or receive informa tion from, any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however that the IV-D agency may, upon request of the obligor, subordinate the child support lien to a subse quently perfected lien, security deed, or mortgage. To assist in the collection of a debt, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. A notice of a lien shall be filed as follows! (A) With respect to real property, the IV-D agency shall file notice of a lien in the county where property is located or in the county where the obligor resides. TTie social security number of the obligor shall be noted on the notice of lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded or registered. A 1604 JOURNAL OF THE SENATE special index for liens created under this chapter shall be maintained in each registry of deeds. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds in the county where the notice of the lien was filed within six years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first; and (B) With respect to personal property, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Motor Vehicle Division of the Department of Revenue, or office or agency responsible for the filing or recording of liens. (4) If the collection of any unpaid child support will be jeopardized by delay as deter mined by the commissioner of'human resources or his or her designee, the IV-D agency sEall proceed forthwith to collect such unpaid child support by perfecting a lien under paragraph (3) of this subsection or by executing levy or seizure of property under para^ graph (1) of subsection (c) of this Code section or by any other available remedy with out respect to the 30 day notice period provided in paragraph (2) of this subsection. (5) A lien under this chapter shall expire upon payment in full of the unpaid child support covered by the lien upon release of the lien by the IV-D agency, or six years from the date on which such lien was first perfected, whichever is earlier. Expiration of the lien shall not terminate the underlying order or judgment of child support. Liens may be extended for additional periods of six years each by recording or register ing, within one year before the expiration of the unexpired lien, a further notice of the lien, as provided in paragraph (3) of this subsection, without affecting the priority of such lien. The IV-D agency may issue a full or partial waiver or release of any lien imposed under this Code section. Such waiver or release shall be conclusive evidence tHat the lien upon the property covered by the waiver or release is extinguished. The IV-D agency shall issue a release of any lien imposed under this Code section within 30 days of payment in full of the unpaid child support covered by the lienT (c)(l) If any obligor against whom a lien has arisen and has been perfected under para graph (3) of subsection (b) of this Code section neglects or refuses to pay the sum due after the expiration of the 30 day notice period specified in paragraph (2) of subsection (57 of this Code section, the IV-D agency may collect such unpaid child support an5 levy upon all property as provided in this subsection. For the purposes of this subsec tion, the word levy' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien has priority Under paragraph (3) of subsection (b) of this Code section which has been perfected shall, upon demand, sur render the property to the IV-D agency as provided in this subsection. A levy on prop erty held by an organization with respect to a life insurance or endowment contract shall, without necessity for surrender of the contract document, constitute a demand Ey the IV-D agency for payment of the amount of the lien and the exercise of the right oTthe obligor to the advance of such amount. Such organization shall pay the amount 90~days after service of notice to levy. The levy shall be deemed to be satisfied if the organization pays to the IV-D agency the full amount which the obligor could have had advanced to him or her, provided that the amount does not exceed the amount of the lien. (2) Whenever any property upon which levy has been made is not sufficient to satisfy trie claim of the IV-D agency for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in para graph (3) of subsection (b) of this Code section, until the amount due, together wrtE expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by Chapter TUESDAY MARCH 25, 1997 1605 13 of Title 9 to the extent that such statutes are not inconsistent with the provisions of tFis subsection. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in paragraph (3) of subsection (b) of this Code section. (3) Upon demand by the IV-D agency, a person who fails or refuses to surrender prop erty subject to levy pursuant to this subsection shall be liable in his or her own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate Hue on a judgment from the date of the levy The interest or costs incurred under this paragraph shall be paid to the state and shall not be credited against the child support liability^ (4) Any person in possession of, or obligated with respect to, property who upon de mand by the IV-D agency surrenders the property or discharges the obligation to the IV-D agency or who pays a liability to the obligor under this subsection, shall be discEarged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this subsection, the organization sEall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. (5) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IVD agency, in addition to other forms of relief, may file a civil action in the superior court which originally entered the order for child support to enforce the lien under this subsection The filing of a civil action shall not preclude the IV-D agency from enforc ing the child support order through the use of any administrative means permitted by federal or state law. (d) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, the time period within which to respond to such notice, and include the name of the court or administrative agency of competent jurisdiction which entered the child support order. (e) Any person aggrieved by a determination of the IV-D agency pursuant to paragraph (2) or (4) of subsection (b) of this Code section may, upon exhaustion of the procedures for administrative review provided in subsection (b) of this Code section, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support under this Code section. The court may review the proceedings taken by the agency under the provisions of this Code sec tion and may correct any mistakes of fact, but the court shall not reduce or retroactively modify child support arrears." SECTION 29. Said article is further amended by striking in its entirety Code Section 19-11-30, relating to the confidentiality of information and records, and inserting in lieu thereof a new Code Section 19-11-30 to read as follows: "19-11-30. (a) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (b) The department shall establish safeguards against the unauthorized use or disclosure of information relating to: 1606 JOURNAL OF THE SENATE (1) Proceedings or actions to establish paternity; (2) Proceedings to establish or enforce support; (3) The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; ari5 (4) The whereabouts of one party to another party if the department has reason to Believe that the release of the information may result in physical or emotional harm to the former party?5 SECTION 30. Said article is further amended by adding immediately following Code Section 19-11-30 the following new Code sections, to be designated Code Sections 19-11-30.1 through 19-1130.11, to read as follows: "19-11-30.1. The Department of Administrative Services shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such reg istry shall include only identifying information for obligors whom the IV-D agency be lieves owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Administrative Services Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services is authorized to enter into an agreement with the department establishing the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for provid ing the data to the department's IV-D agency. 19-11-30.2. (a) As used in Code Section 19-11-30.1, this Code section, and Code Sections 19-11-30.3 through 19-11-30.11, the term: (1) 'Account' means a demand deposit account, checking or negotiable order of with drawal account, savings account, time deposit account, or a money market mutual fund account. (2) 'For cause' means that the department has reason to believe that an individual has opened an account at a financial institution listed in paragraph (3) of this subsection. (3) 'Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit com panies, trust companies, and any money market mutual fund. (4) 'Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7. (b) The Department of Administrative Services shall, pursuant to the provisions of sub section (f) of this Code section, request from each financial institution, not more fre quently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Admin istrative Services Bank Match Registry. Such registry shall include only identifying in formation for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The Department of Administrative Services shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. TUESDAY MAKCH 25, 1997 1607 (c) The Department of Administrative Services may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause. (d) All requests made by the Department of Administrative Services pursuant to subsec tion (b) or (c) of this Code section shall be in machine readable form unless a financial institution expressly requests the department to submit the request in writing. The fi nancial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such re quest is processed by the financial institution. (e) In no event shall a request for identifying information be made to a financial institu tion on anyone other than an obligor whom the Department of Human Resources has a good reason to believe owes child support and who is not under a child support order, or an obligor who is delinquent in an amount equal to or in excess of his or her support payment for one month. (f) The Department of Human Resources shall enter into agreements with financial insti tutions doing business in this state to develop and operate a data match system to the maximum extent feasible for the providing of the needed information to the department by the financial institution. At a minimum, the department shall identify the obligor by name and social security number or other taxpayer identification number. If the geo graphic region of an obligor is known by the Department of Human Resources, and that department shall make an effort to determine the geographic region of an obligor, the department shall initially limit its request to the financial institution or institutions within that geographic region prior to making additional requests to other financial insti tutions in other geographic regions of the state. The department may pay a reasonable fee to the financial institution for conducting the searches required herein not to exceed the actual costs incurred by the financial institution. 19-11-30.3. The Department of Administrative Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources, and where appropriate local contractors, shall seek to verify the accuracy of the information presented. 19-11-30.4. No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.11 to any public or private agency or individ ual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthor ized disclosure shall be punished pursuant to Code Section 19-11-30. 19-11-30.5. Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the Department of Administra tive Services to comply with such reporting requirements and which, after notification by certified mail by the Department of Administrative Services, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notifica tion to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notifi cation shall be liable for a penalty of $1,000.00. 1608 JOURNAL OF THE SENATE 19-11-30.6. The commissioner of administrative services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The com missioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commis sioner of administrative services, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such infor mation received from any other state under a reciprocal agreement. 19-11-30.7. Code Sections 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act. 19-11-30.8. The commissioner of administrative services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year. 19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative services under Code Sec tion 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the the Department of Administra tive Services; provided, however, that a financial institution may disclose to its deposi tors or account holders that under the bank match system the Department of Administrative Services has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the pro visions of this Code section, such institution shall pay to the Department of Administra tive Services the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obliga tion or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services pur suant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services or in a report furnished by the financial institution to the Department of Administrative Services. 19-11-30.10. The IV-D agency shall have the authority to levy and seize a deposit or account in accord ance with Code Section 19-11-32. 19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources. The commissioner of administrative services request ing bank or account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237." TUESDAY MARCH 25, 1997 1609 SECTION 31. Said article is further amended by adding at the end thereof the following new Code sec tions, to be designated Code Sections 19-11-32 through 19-11-39, to read as follows: "19-11-32. (a) Notwithstanding other statutory provisions which provide for the execution, attach ment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to other statutory provisions shall also apply. (b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the IV-D agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the IV-D agency, are delinquent in an amount equal to the support payment for one month. (c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor. Financial institutions subject to administrative levy are defined in paragraph (3) of subsection (a) of Code Section 19-11-30.2. 19-11-33. (a) The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided to the obligor in one of the following manners: (1) The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The IV-D agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-1139; or (2) The IV-D agency may send a notice by regular mail to the last known address of the obligor. 19-11-34. (a) The IV-D agency may contact a financial institution to obtain verification of the ac count number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the IV-D agency before releasing an obligor's account information by telephone. (b) The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institu tion to the IV-D agency pursuant to this Code section. (c) Neither the financial institution nor the IV-D agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit. 19-11-35. (a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against the account or accounts of the obli gor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action. (b) The FV-D agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the IV-D agency or its collection services center. The notice shall be sent by certified mail. 1610 JOURNAL OF THE SENATE (c) The notice to the financial institution shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at the finan cial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 1911-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor; (5) The prescribed time frame which the financial institution must meet in forwarding amounts; (6) The address of the IV-D agency which will process the moneys forwarded; and (7) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-36. The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at a specified financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 1911-35, this Code section, and Code Sections 19-11-37 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor; (5) The prescribed time frame within which the financial institution must comply; (6) A statement that any challenge to the action shall be in writing and must be re ceived by the IV-D agency within ten days of the date of the notice to the obligor; (7) The address of the IV-D agency which will process the moneys forwarded; and (8) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-37. (a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the IV-D agency pursuant to Code Sections 19-11-32 through 19-11-36, this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the only hearing following notice to the fi nancial institution directing the levy shall be in superior court pursuant to this Code section. (b) If a person decides to challenge the action taken by the IV-D agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the IV-D agency. (c) The IV-D agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake TUESDAY MARCH 25, 1997 1611 in the identity of the obligor or ownership of funds or a mistake in the amount of delin quent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obli gor, which presumption may only be rebutted by clear and convincing evidence. (d) If the IV-D agency determines that a mistake of fact has occurred, the agency shall proceed as follows: (1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the IV-D agency shall notify the financial institu tion that the administrative levy has been released. The IV-D agency shall provide a copy of the notice to the support obligor by regular mail; or (2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the IV-D agency shall notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the IV-D agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38. (e) If the IV-D agency finds no mistake of fact, the IV-D agency shall so notify the chal lenging party by regular mail. Upon a subsequent written request of the challenging party, the IV-D agency shall request a hearing before the superior court in the county in which the underlying support order is filed. (f) Once such a hearing has been requested, the IV-D agency shall proceed as follows: (1) Require the financial institution to encumber moneys; and (2) Request that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the IV-D agency and to all account holders of interest. (g) Once such a hearing has concluded, the IV-D agency shall proceed as follows: (1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the IV-D agency shall notify the financial institution that the administrative levy has been released; (2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the IV-D agency shall notify the financial institution to release the excess moneys to the obligor and remit the remain ing moneys in the amount of the debt to the IV-D agency for disbursement to the ap propriate recipient; or (3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the FV-D agency for disbursement to the appropriate recipient. (h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the IV-D agency. (i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section. (j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order. 1612 JOURNAL OF THE SENATE (k) An order entered under this Code section for a levy against an account of a support obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced. (1) The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for the IV-D agency in the notice, or the IV-D agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by regular mail. (m) If the financial institution has forwarded moneys to the IV-D agency and has de ducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the IV-D agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the IV-D agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is consid ered a separate account. 19-11-38. (a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following: (1) Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and (2) Forward the moneys encumbered to the IV-D agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the IV-D agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice. (b) The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the IV-D agency. This fee is in addition to the amount of sup port due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the IV-D agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount. 19-11-39. (a) The department shall create by contract, cooperative agreement, or otherwise a com puterized central case registry for all support orders entered by any court or administra tive tribunal of this state. All IV-D agency orders as well as those not within the IV-D agency shall be registered in this data base. The department may enter into a coopera tive agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of orders as required by federal law. (b) The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identifi cation numbers, including civil action filing numbers and IV-D agency assigned case numbers, and any such information as may be later required under federal law. (c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include: (1) the amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) any amount described in item (1) of this subsection that has been collected; TUESDAY MARCH 25, 1997 1613 (3) the distribution of such collected accounts; (4) the birth date of any child for whom the order requires the provision of support; and (5) the amount of any lien imposed with respect to a child support order. (d) The state agency operating the state case registry shall promptly establish and up date, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the IV-D agency. Services to be monitored in clude: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and dis tributions; and any other relevant information. (e) The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the enforcement of support orders. The infor mation shall be available for data comparisons with case registries of other states." SECTION 32. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Uniform Reciprocal Enforcement of Support Act," is amended by inserting after Code Section 19-1140 the following new Code section, to be designated Code Section 19-11-40.5, to read as follows: "19-11-40.5. No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the 'Uniform Interstate Family Support Act.' The provisions of this article shall apply only to proceedings pending prior to January 1, 1998." SECTION 33. Said chapter is further amended by adding at the end thereof the following new article, to be designated Article 3, to read as follows: "ARTICLE 3 Part 1 19-11-100. This article shall be known and may be cited as the 'Uniform Interstate Family Support Act.' 19-11-101. As used in this article, the term: (1) 'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) 'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) 'Duty of support' means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (4) 'Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. 1614 JOURNAL OF THE SENATE (5) 'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6) 'Income-withholding order' means an order or other legal process directed to an obli gor's employer or other debtor, pursuant to Code Sections 19-6-31 through 19-6-33, to withhold support from the income of the obligor. (7) 'Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law sub stantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal En forcement of Support Act. (8) 'Initiating tribunal' means the authorized tribunal in an initiating state. (9) 'Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage. (10) 'Issuing tribunal' means the tribunal that issues a support order or renders a judg ment determining parentage. (11) 'Law' includes decisional and statutory law and rules and regulations having the force of law. (12) 'Obligee' means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (B) A state or political subdivision to which the rights under a duty of support or sup port order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) An individual seeking a judgment determining parentage of the individual's child. (13) 'Obligor' means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or (C) Who is liable under a support order. (14) 'Register' means to record or file a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or for eign support orders specifically. (15) 'Registering tribunal' means a tribunal in which a support order is registered. (16) 'Responding state' means a state in which a proceeding is filed or to which a proceed ing is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (17) 'Responding tribunal' means the authorized tribunal in a responding state. (18) 'Spousal support order' means a support order for a spouse or former spouse of the obligor. (19) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the juris diction of the United States. The term includes: (A) An Indian tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. TUESDAY MARCH 25, 1997 1615 (20) 'Support enforcement agency' means a public official or agency authorized to seek: (A) Enforcement of support orders or laws relating to the duty of support; (B) Establishment or modification of child support; (C) Determination of parentage; or (D) The location of obligors or their assets. (21) 'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement and may in clude related costs and fees, interest, income withholding, attorney's fees, and other relief. (22) 'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. 19-11-102. The superior courts, the Office of State Administrative Hearings, and the Department of Human Resources are the tribunals of Georgia for purposes of this article. 19-11-103. Remedies provided by this article are cumulative and do not affect the availability of reme dies under other law. Part 2 19-11-110. In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage in the putative father registry maintained in this state by the Department of Human Resources; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. 19-11-111. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Sec tion 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article. 1616 JOURNAL OF THE SENATE 19-11-112. Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in an other state. 19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the peti tion or comparable pleading is filed after a pleading is filed in another state only if: (1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (2) The contesting party timely challenges the exercise of jurisdiction in the other state; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state is the home state of the child. 19-11-114. (a) A tribunal in Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a child support order: (1) As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Until all of the parties who are individuals have filed written consents with the tribu nal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction. (b) A tribunal in Georgia issuing a child support order consistent with the law of Georgia may not exercise its continuing jurisdiction to modify the order if the order has been modi fied by a tribunal of another state pursuant to this article or a law substantially similar to this article. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order is sued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce nonmodifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional con flict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of TUESDAY MARCH 25, 1997 1617 the support obligation. A tribunal of Georgia may not modify a spousal support order is sued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. 19-11-115. (a) A tribunal in Georgia may serve as an initiating tribunal to request a tribunal of an other state to enforce or modify a support order issued in that state. (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the contin uing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subse quent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal sup port order may not serve as a responding tribunal to modify a spousal support order of another state. 19-11-116. (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or another state with regard to the same obligor and child, a tribunal of Georgia shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this arti cle, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in Georgia, a party may request a tribunal in Georgia to determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under Code Section 19-11-114. (e) A tribunal of Georgia which determines by order the identity of the controlling order under paragraph (1) or (2) of subsection (b) of this Code section or which issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order the basis upon which the tribunal made its determination. (f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. 1618 JOURNAL OF THE SENATE 19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribu nal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia. 19-11-118. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia. Part 3 19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state with out registration pursuant to Part 5 of this article; (3) Registration of an order for spousal support or child support of another state for en forcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent. 19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may main tain a proceeding on behalf of or for the benefit of the minor's child. 19-11-122. Except as otherwise provided by this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia. 19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the re sponding state; or TUESDAY MARCH 25, 1997 1619 (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article, a tribunal of Georgia may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. 19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Code Section 19-11-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized by law, may do one or more of the following: (1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage; (2) Order an obligor to comply with a support order, specifying the amount and the man ner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. 19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. 19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article. 1620 JOURNAL OF THE SENATE (b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in Georgia or another state to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) This article does not create a relationship of attorney-client or other fiduciary relation ship between a support enforcement agency or the attorney for the agency and the individ ual being assisted by the agency. 19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Depart ment of Human Resources in any proceeding under this article; otherwise, at the option of the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. Written delegation of such duties previ ously executed by a district attorney pursuant to Article 2 of this chapter, the 'Uniform Reciprocal Enforcement of Support Act,' particularly Code Section 19-11-53, shall consti tute a delegation of such representation to the Attorney General for purposes of this article. In all actions brought or maintained by the Department of Human Resources, the depart ment shall be regarded as the sole client of such attorney, and no attorney-client relation ship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Resources. The department may require a completed application for services pursuant to Title IV-D of the federal So cial Security Act as a condition of providing any services under this article. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those serv ices directly to the individual. 19-11-128. An individual may employ private counsel to represent the individual in proceedings au thorized by this article. 19-11-129. (a) The Department of Human Resources is the state information agency under this article. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of tribunals and support enforcement agencies received from other states; TUESDAY MARCH 25, 1997 1621 (3) Forward to the appropriate tribunal in the place in Georgia in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tri bunal or the state information agency of the initiating state; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. 19-11-130. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this article must verify the petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by fed eral law for use in cases filed by a support enforcement agency. 19-11-131. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article. 19-11-132. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it deter mines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a regis tered support order is confirmed or enforced without change. 19-11-133. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while present in Georgia to participate in the proceeding. 1622 JOURNAL OF THE SENATE 19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. 19-11-135. (a) The physical presence of the petititioner in a responding tribunal of Georgia is not re quired for the establishment, enforcement, or modification of a support order or the rendi tion of a judgment determining parentage. (b) A verified petition, affidavit, document substantially complying with federally man dated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evi dence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissi ble in evidence to prove the amount of the charges billed and that the charges were reason able, necessary, and customary. (e) Documentary evidence transmitted from another state to a tribunal of Georgia by tele phone, telecopier, or other means that do not provide an original writing may not be ex cluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article. (i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. 19-11-136. A tribunal in Georgia may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another state. 19-11-137. A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. 19-11-138. A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custo dian of the record of the amounts and dates of all payments received. TUESDAY MARCH 25, 1997 1623 Part 4 19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a re sponding tribunal of this state may issue a support order if: (1) The individual seeking the order resides in another state; or (2) The support enforcement agency seeking the order is located in another state. (b) The tribunal may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging parentage; (2) The respondent has been determined by or pursuant to law to be the parent; or (3) There is other clear and convincing evidence that the respondent is the child's parent. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124. Part 5 19-11-150. An income-withholding order issued in another state may be sent to the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or compa rable pleading or registering the order with a tribunal of this state. 19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 1911-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum cer tain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and (3) The time periods within which the employer must implement the withholding order and forward the child support payment. 19-11-152. If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the 1624 JOURNAL OF THE SENATE employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. 19-11-153. An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. 19-11-154. An employer who willfully fails to comply with an income-withholding order issued by an other state and received for enforcement is subject to the same penalties that may be im posed for noncompliance with an order issued by a tribunal in Georgia. 19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order is sued in another state and received directly by an employer in Georgia in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order; (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. 19-11-156. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seek ing to register the order, shall consider and, if appropriate, use any administrative proce dure authorized by the law of Georgia to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. Part 6 19-11-160. A support order or an income-withholding order issued by a tribunal of another state may be registered in Georgia for enforcement. 19-11-161. (a) A support order or income-withholding order of another state may be registered in Georgia by sending the following documents and information to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; TUESDAY MARCH 25, 1997 1625 (4) The name of the obligor and, if known: (A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order. 19-11-162. (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of Georgia. (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. 19-11-163. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies. 19-11-164. (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompa nied by a copy of the registered order and the documents and relevant information accom panying the order. (b) The notice must inform the registering party: (1) That a registered order is enforceable as of the date of registration in the same man ner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) Upon registration of an income-withholding order for enforcement, the registering tribu nal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33. 19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20 days after notice of the registration. The 1626 JOURNAL OF THE SENATE nonregistering party may seek to vacate the registration, to assert any defense to an allega tion of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. 19-11-166. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the arrearages. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered order which is not in dispute may be enforced by all remedies available under the laws of Georgia. (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. 19-11-167. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. 19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same man ner provided in Code Sections 19-11-160 through 19-11-163 if the order has not been regis tered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. 19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered order may be modified only if the requirements of Code Sec tion 19-11-170 have been met. 19-11-170. (a) After a child support order issued in another state has been registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and, after notice and hearing, it finds that: TUESDAY MARCH 25, 1997 1627 (1) The following requirements are met: (A) The child, the individual obligee, and the obligor do not reside in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or (2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a for eign jurisdiction that has not enacted a law or established procedures substantially simi lar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner. (c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recog nized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) On issuance of an order modifying a child support order issued in another state, a tribu nal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. 19-11-171. A tribunal in Georgia shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this article or a law sub stantially similar to this article and, upon request, except as otherwise provided in this article, shall: (1) Enforce the order that was modified only as to amounts accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; (3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. 19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply. 19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certificate copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. 1628 JOURNAL OF THE SENATE Part 7 19-11-180. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to deter mine that a respondent is a parent of that child. (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law. PartS 19-11-185. (a) For purposes of this part, the term 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. 19-11-186. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Recipro cal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the Governor of this state surren der an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a pro ceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is com plying with the support order. Part 9 19-11-190. This article shall be applied and construed to effectuate its general purpose to make uni form the law with respect to the subject of the article among states enacting it. TUESDAY MARCH 25, 1997 1629 19-11-191. If any provision of this article or its application to any person or circumstance is held inva lid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable." SECTION 34. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, is amended by adding immediately following Codes Section 27-2-25.1 a new Code section, to be designated Code Section 27-2-25.2, to read as follows: "27-2-25.2. The commissioner shall have the power to suspend any license required by this title when such license holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. The commissioner shall also have the power to deny the application for issuance or renewal of a license required by this title when such appli cant is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. Notwithstanding the provisions of Code Section 27-2-25, the hearings and ap peal procedures provided for in Code Section 19-6-28.1 shall be the only such procedures required to suspend or deny any license pursuant to this Code section." SECTION 35. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-9.1, relating to social security ac count information of parents, and inserting in lieu thereof a new Code Section 31-10-9.1 to read as follows: "31-10-9.1. (a) Social security account information of the mother and father, if paternity is acknowl edged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section 31-10-9. (b) The state registrar shall make available the records of parent name and social secur ity number to the Office of Child Suppuit Recuveiy Child Support Enforcement Agency of the Department of Human Resources for its use in the establishment of paternity or the enforcement of child support orders. (c) Information obtained by the Office uf Child Suppuit Ruuuvmy Child Support Enforce ment Agency of the Department of Human Resources pursuant to this Code section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation." SECTION 36. Section 26 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. Section 32 of this Act shall become effective on January 1, 1998. Sections 16 and 33 of this Act shall become effective on January 1, 1998, and shall apply to all proceedings initiated on or after that date. All other provisions of this Act shall become effective on July 1, 1997. SECTION 37. Notwithstanding any other provision of this Act to the contrary, as to any child support being held by a Child Support Recovery Unit, same shall be paid to the custodial parent within 30 days from receipt of same by the Recovery Unit. 1630 JOURNAL OF THE SENATE SECTION 38. All laws and parts of laws in conflict with this Act are repealed. Senators Oliver of the 42nd and Taylor of the 12th offer the following amendment: Amend the Senate Judiciary Committee substitute to HB 284 by striking line 6 of page 3 and inserting in lieu thereof the following: "failure to surrender property; to provide for prompt payment to the custodial parent of child support held by the Child Support Enforcement Agency; to require the Department of. By striking line 29 of page 22 and inserting in lieu thereof the following: "parents or by the legal guardian of the child. Custody of the child shall remain in the mother until a court order is entered addressing the issue of custody.'". By striking the quotation mark at the end of line 40 of page 42 and inserting between lines 40 and 41 of page 42 the following: "(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Re sources shall be paid to the custodial parent within 30 days from receipt of same by the enforcement agency.'". By striking lines 1 through 6 of page 86 and redesignating Section 38 as Section 37. On the adoption of the amendment, the yeas were 36, nays 0, and the Oliver/Taylor amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Dean Fort Gillis Glanton Gochenour Harbison Henson Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brush Clay Crotts Egan Griffin Guhl Perdue Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. TUESDAY MARCH 25, 1997 1631 HB 604. By Representatives Dobbs of the 92nd and Lane of the 146th: A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natu ral Resources, so as to provide that the Department of Natural Resources shall establish a program for accreditation of laboratories performing environmental testing. Senate Sponsor: Senator Land of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins James Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Abernathy Clay Henson Johnson of 1st Perdue Scott Starr Thompson Walker On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 374. By Representative Powell of the 23rd: A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the "Public Accountancy Act of 1977," so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants. Senate Sponsor: Senator Oliver of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows. Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Burton ' Cagle Clay Crotts Dean Egan Fort Gillis Glanton Gochenour 1632 JOURNAL OF THE SENATE Griffin Harbison Henson Huggins James Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Taylor Thomas of 54th Turner Walker Those voting in the negative were Senators: Blitch Cheeks Guhl Hill Lamutt Streat Tanksley Tysinger Those not voting were Senators: Abernathy Brush Hooks Thomas of 10th Thompson On the passage of the bill, the yeas were 43, nays 8. The bill, having received the requisite constitutioanl majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 459. By Representatives Buck of the 135th, Culbreth of the 132nd, Jamieson of the 22nd and others: A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Annotat ed, relating to applications for the tangible personal property inventory exemp tion, so as to provide for conditions under which such exemption shall be wholly or partially waived for a taxable year. The Calendar was resumed. HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission. Senate Sponsor: Senator Perdue of the 18th. The Senate Finance and Public Utilities Committee offered the following substitute to HB 888: A BILL To be entitled an Act to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be TUESDAY MARCH 25, 1997 1633 toll-free calling between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the Pub lic Service Commission unless the telephone subscriber elects an optional plan; to provide that after a certain date, the commission shall not approve any new rate schedule which mandates a long-distance charge for calls between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission; to require the commission to hold conferences and to authorize the commission to conduct hearings to determine if telephone companies will need to increase rates or take other measures to recover losses resulting from the imple mentation of the new 30 mile toll-free calling areas; to provide an exception; to provide for applicability with respect to other laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, is amended by adding between Code Sections 46-2-25.2 and 46-2-26 a new Code Section 46-2-25.3 to read as follows: "46-2-25.3. (a) On and after January 1, 1998, there shall be toll-free calling between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission unless the telephone sub scriber elects an optional plan. Such calls made in the 30 mile radius shall be considered local calls. On and after January 1, 1998, the Public Service Commission shall not ap prove any new rate schedule which mandates a long-distance charge for calls between two telephones within a 30 mile radius of an exchange serving such telephones as such 30 mile calling areas are designated on maps on file with the commission. Nothing in this subsection shall preclude the offer of optional rate plans. (b)(l) Except as provided in paragraph (2) of this subsection, on and after the effective date of this Code section, the Public Service Commission shall hold conferences with telephone companies and may conduct hearings and accept evidence and, upon consid eration of such evidence, shall determine if any telephone company should be author ized to increase its rates for basic exchange service to cover the reasonable costs of providing such toll-free service to customers of the telephone company throughout the 30 mile calling areas and to continue a reasonable rate of return on investment author ized in the rate schedule previously approved by the Public Service Commission for such telephone company. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such toll-free calling areas. Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the implementation of the 30 mile tollfree calling plan contained in this Code section shall demonstrate its financial hard ship to the Public Service Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodol ogy and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 30 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seek ing assistance in excess of those authorized in their respective tariffs. The commission shall be authorized to approve any increase in rates which the commission determines to be necessary to implement and accomplish the toll-free calling requirements of this Code section. 1634 JOURNAL OF THE SENATE (2) The provisions of paragraph (1) of this subsection shall not apply to telephone com panies which have elected to have their rates, terms, and conditions for services deter mined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title. (c) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the Public Service Commis sion generally and special provisions concerning telecommunications companies, or Arti cle 4 of Chapter 5 of this title, 'The Telecommunications and Competition Development Act of 1995.'" SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and part of laws in conflict with this Act are repealed. Senators Langford of the 29th and Ralston of the 51st offered the following amendment: Amend the Senate Finance and Public Utilities Committee substitute to HB 888 by strik ing lines 4 through 19 of page 1 and inserting in lieu thereof the following: "generally, so as to provide for a 30 mile toll-free calling area within certain local telephone exchanges; to provide an exception; to provide that the commission shall determine the rate increase necessary to implement such a calling area; to provide that the commission shall poll the subscribers of each such exchange; to provide that upon a favorable vote, the com mission shall order the implementation of a 30 mile toll-free calling area and a concurrent rate increase; to provide an". By striking line 1 of page 2 and inserting in lieu thereof the following: "commission in any local exchange in which a majority of the subscribers has so elected as provided in paragraph (1) of subsection (b) of this Code section; provided, however, tahna".t the provisions of this Code section shall not apply to a subscriber who has elected By striking lines 11 through 44 of page 2 and inserting in lieu thereof the following: "(b)(l) The commission shall determine for each local exchange company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 30 mile toll-free expanded calling area were implemented in that local exchange. After determining that rate increase, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 30 mile tollfree expanded calling area service. If a majority of subscribers is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 30 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchange, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary." On the adoption of the amendment, the yeas were 42, nays 0, and the Langford, Ralston amendment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. TUESDAY MARCH 25, 1997 1635 On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 10th Turner Tysinger Walker Those voting in the negative were Senators: Blitch Boshears Glanton Huggins Price of 56th Thomas of 54th Not voting were Senators Balfour and Thompson. On the passage of the bill, the yeas were 48, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. HB 650. By Representatives Martin of the 47th and Ray of the 128th: A bill to amend Chapter 10 of Title 30 of the Official Code of Georgia Annotated, relating to community trusts, so as to clarify distributions to successor trusts; to provide for distributions to successor trusts in specified circumstances; to pro vide for distributions upon withdrawal or revocation of the donation; to allow more frequent use of trust funds to provide noncash benefits. Senate Sponsor: Senator Oliver of the 42nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott 1636 JOURNAL OF THE SENATE Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Abernathy Blitch James Thompson On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 339. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages under the Employees' Retirement System of Georgia, application and eligibility for retirement in such system, and related matters, so as to authorize the board of trustees of such retirement system to qualify the retirement system for certain federal tax treatment. Senate Sponsor: Senator Burton of the 5th. The following Fiscal Note, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS AND ACCOUNTS 254 Washington Street, S.W., Suite 214 Atlanta, Georgia 30334-8400 January 21, 1997 The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 339 (LC 21 4236) Dear Chairman Cummings: This bill would authorize the board of trustees of the Employees' Retirement System of Georgia to provide for the manner of payment of retirement benefits required to qualify the retirement system for certain federal tax treatment. This is to certify that this retirement bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law. Sincerely, /s/ Claude L. Vickers State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis TUESDAY MARCH 25, 1997 1637 Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stair Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Blitch James Perdue Walker On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 321. By Representatives Tolbert of the 25th, Barnes of the 33rd, Alien of the 117th and Martin of the 47th: A bill to amend Code Section 9-11-45 of the Official Code of Georgia Annotated, relating to subpoenas for taking depositions, so as to provide that attorneys may issue such subpoenas under certain conditions. Senate Sponsor: Senator Boshears of the 6th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative was Senator Glanton. Those not voting were Senators: Abernathy Balfour Blitch James Langford Perdue Ragan Walker On the passage of the bill, the yeas were 47, nays 1. 1638 JOURNAL OF THE SENATE The bill, having received the requisite constitutional majority, was passed. HB 745. By Representatives Powell of the 23rd and Walker of the 141st: A bill to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the "Georgia Arbitration Code," so as to exclude contracts between insurance companies from the exceptions to the code's applicability. Senate Sponsor: Senator Langford of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Balfour Bowen Fort James Lamutt Walker On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 470. By Representatives Dobbs of the 92nd and Porter of the 143rd: A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Annotated, relating to oil or hazardous material spills or releases, so as to provide for a lien on real property on which the Environmental Protection Division of the Depart ment of Natural Resources has performed remedial action. Senate Sponsor: Senator Kemp of the 3rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean TUESDAY MARCH 25, 1997 1639 Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Oliver Perdue Price of 28th Price of 56th Ragan Ralston Those not voting were Senators: Balfour Bowen Henson James Langford Middleton Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Thompson Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 213. By Representatives Coleman of the 142nd, Greene of the 158th and Smith of the 12th: A bill to provide for the Department of Labor a supplemental appropriation for the purpose of providing for the payment of expenses of administration of Chap ter 8 of Title 34 of the Official Code of Georgia Annotated, the "Employment Security Law". Senate Sponsor: Senator Hooks of the 14th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Walker Those not voting were Senators: Balfour Blitch Glanton James Langford Perdue Ralston Thompson 1640 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 612. By Representative Shanahan of the 10th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide for a public hearing before a county, city, local authority, or special district contracts for the sale, lease, or management of a landfill or solid waste disposal facility. Senate Sponsor: Senator Madden of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Hooks Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Perdue Price of 28th Price of 56th Ralston Ray Roberts Scott Starr Streat Tanksley Taylor Thomas of 54th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Blitch James Langford Oliver Ragan Stokes Thomas of 10th On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President. The House has disagreed to the Senate amendment to the following bill of the House: HB 294. By Representatives Martin of the 47th, Alien of the 117th, Hammontree of the 4th and others: A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for the transmission of notice by facsimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the divi dend expressly so provides. TUESDAY MARCH 25, 1997 1641 The House insists on its position in amending the following bill of the Senate: SB 105. By Senators Taylor of the 12th, Brown of the 26th, Boshears of the 6th, and others: A bill to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to the registration of sexually violent predators, so as to change the definition of the term "criminal offense against a victim who is a minor" to in clude federal offenses and offenses committed in other states or territories of the United States under certain circumstances; to require registration for conviction of certain offenses committed in other jurisdictions. The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 204. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1997 and ending June 30, 1998. The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd, and Buck of the 135th. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 341. By Senator Gochenour of the 27th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, so as to provide that indi viduals have the right to be provided with any medical treatment desired or authorized under certain conditions; to provide immunity from disciplinary ac tions. The Calendar was resumed. HB 326. By Representatives Teague of the 58th, McKinney of the 51st, Randall of the 127th and others: A bill to amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investiga tion upon receipt of a report that a person with Alzheimer's disease is missing. Senate Sponsor: Senator Fort of the 39th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison 1642 JOURNAL OF THE SENATE Hill Hooks Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th Price of 56th Ralston Ray Roberts Starr Stokes Streat Tanksley Taylor Thomas of 54th Thomas of 10th Turner Tysinger Those not voting were Senators: Abernathy Henson Madden Ragan Scott Thompson Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 245. By Representatives Baker of the 70th, Campbell of the 42nd and Reichert of the 126th: A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, so as to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father. Senate Sponsor: Senator Egan of the 40th. The Senate Special Judiciary Committee offered the following substitute to HB 245: A BILL To be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title is effective on July 1, 1997, so as to authorize appointment of addi tional county administrators in all counties; to amend Title 53 of the Official Code of Georgia Annotated, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1,1998, so as to change the applicability of new provisions of Chapters 2 through 11 of such title; to provide for exceptions; to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father; to change provisions relating to a petition for an order that no administration is necessary for the estate of an intestate decedent; to authorize separate awards of year's support for the minor children and the surviving spouse in certain circumstances; to change a provision relating to a contract concerning succession; to change a provision relat ing to the deadline for offering a will for probate; to clarify that proof of a codicil is proof of a will in certain circumstances; to change a provision relating to service of a notice of petition for probate in solemn form; to change a provision relating to selection of an administrator with the will annexed; to change provisions relating to appointment of an administrator for an estate partially administered and unrepresented because of the death of the executor; to change a provision relating to the contents of a petition for issuance of letters of adminis tration when a prior personal representative has qualified; to change provisions relating to notice and the time to respond or file objections in certain circumstances; to authorize ap pointment of additional county administrators in all counties; to change certain provisions relating to compensation of a personal representative; to change provisions relating to fail ure to return an inventory; to change provisions relating to supplementary inventory; to TUESDAY MARCH 25, 1997 1643 provide for compensation for temporary administrators; to provide for reduction of compen sation for administrators in certain circumstances; to provide that failure to return an in ventory is sufficient ground for removal; to provide for exceptions; to provide for the compromise of debts; to change provisions relating to petitions for discharge; to change certain provisions relating to the duty of the probate court to cite personal representatives who have failed to make an annual return; to provide for exceptions to the application of the notice provisions of Chapter 11 of such title; to provide for termination of guardian ad litem appointments; to change certain notice provisions and provisions relating to the date on or before which objections must be filed; to provide for swearing to or affirming a waiver or acknowledgment of service or notice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effec tive January 1, 1998, is amended by striking in its entirety Code Section 53-1-1, relating to the effective date of Chapters 1 through 11 of Title 53, and inserting in lieu thereof the following: "53-1-1. Except as otherwise provided m this chaytei and Chapteis 2 lliiuugh 11 uf this title by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective for the estates uf decedents dying uu ui aftei Jauuaiy 1, 1998 on January 1, 1998; provided, however, that no vested rights of title, year's support, succession, or in heritance shall be impaired." SECTION 2. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section, to be designated Code Section 53-1-8, to read as follows: A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section 19-8-19, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit from and through the adopted individual under the laws of intestacy in the absence of a will and to take as parents or relatives of the parents of the adopted individual under the provisions of any instrument of testamentary gift, unless expressly excluded therefrom." SECTION 3. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-2-2, relating to the effect of a decree of adoption, and inserting in its place the following: "53-2-2. Reserved." SECTION 4. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subparagraph (A) of paragraph (2) of Code Section 53-23, relating to inheritance by children born out of wedlock, and inserting in its place the following: 1644 JOURNAL OF THE SENATE "(2)(A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless: (i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (iii) The father has executed a sworn statement signed by him attesting to the parentchild relationship; (iv) The father has signed the birth certificate of the child; or (v) There is other clear and convincing evidence that the child is the child of the father fciiiCi liittli ctCISIJ1CCO pic3l psr- ties ftilu uOdltJB wilO COllClTlCt & pi*cisidt;iiti.ii pi'tjIei'ellCe pi'iiiifcii'y pu.i'Su.ciilt tO UOue oeCtiuii 21-2-191. I Ii6 oeCi'tittiry ot otate, during tile lourtli week. in November of tlic year pre- CSulllg tlie yScli1 in wliidl S"'piLt;Siu.t;iitia.l pi'61t:i'6iiCtr pi'nuiii'j' IS nfelcl, Snail pr6p3T! 3.11Q ptiuilSil fl list OI 1131116S Ol'~ pOt'SlltKll pr6SlCit;llLl3.i Cclllu.lu.ciLt;S Wiiu tiiTe ^ellisi'&liy 3ClVXjC(itt;u. Ol" I'fcJcugiiiiuCi in news IJ16CII3. Lln'u u^iiu U.L Ll it; UiiiLtJU OLfciLeB SS tis pn'tiii Ls IO1" tllSt OII1CB tiiiCl WnO dre iiit;lliut:i*t> OI ti pOlit'iCill pd.i'ty Oi* tiOCly WlliCil Will COildLiCt SL pi'eSiCleilticil pi'ci" eience piimai'.y In this state, provided, however, thai the Secretary of State shall nut iiiCiuClt: On suCii liSt tlie 110.111 tr OI o.iiy potelltifl.1 pi*6Siu6iiti8.1 Cailuiu&tt; wliO, il eleCLeu Lu Uiu uffice uf President uf the United Slates, would be ineligible under the Cuiialiluliuii S.11CI IfciwS OT tO6 U iiiLtJU. ot-tiLus Lu StJi'vt; ui suCll tjltJCLeil ulllCe. Hie oeCi'trLo.i'y Oi oLo.Le sllSll also submit such list uf muiius of polniitial prusidential caiiJUates tu the sulmliun cumniittfee during tlie lourtli w&6k. in JMov&mbui ot tli6 y63.i pr6C6u.ing tns y63.r in wnicn a. prGSiduiiLiy.! pi'clci'ciiCc pi'iiiicii'^ iS litjlcl . 1 Tie SeleCtiOil COiliiliit'ttJe Slltill ilitJeL ui ALltniLii tilt; Ili'st WcuK. Ill UGCcllluGI* 01 tll& y6fll" pl"6CBO.lll^ tilfe ^63.1" 111 WlllCO pr6I6r6HCtS prilUSry IS tlSIO., OH SL ufctLt; jjuulicly aiinOLUiCtiU. \jy Llj-c ulia.n'^Jt;ilsun. K&Cll p&l"tiOii dt;Si^iia.tt;Ci uy tilt; oeCi*t;tfl.i*y 01 oljfl.te 3.S A pl'ticJiCleiiti&l CB.ilCliu.fl.tt5 cilicLll S.ppeB.i' upOii trie ballot oi tli6 a.ppropna.t6 political p&i"ty or body unl&ss SLLI coinniitt66 nionibfers of tli6 Sfllll6 political jjai't^ ui' buuy as tlit; Ca.iiuiua.tt; agi'ee tu uulete suCii CfcniCliCiate s 110.1116 ii'Oili til6 UiillOt/. 1 116 SfelcCtlOil COiH 1111 1 Ltife Sllflli pLtullCly 3.1 1 II Oil 11C6 3tlu Stlullllt/ tllG H&1116S Oi pl'tiSlQfelit13.1 Cim.Ct.lQlt&S \VilO Sil3.Il &pp6fl,I" OH tilfe pr6SIQ6Ilbl&l pi'iniiii'y uallOL Lu Lilt; oeui't;Ltii'^y 01 oLtitt; liO laLtJi* tiio.ii Llle eilCl OI tiie lli'St WctJJt OI JJeCt;iliut!t' OI tliK y6&r pt*6C6Qlll^ tilt; vear a pj bsideiilial piefereuce primal .y is held. Nut lalei than December 15 uf each j/eai1 pi'uuuuiiig Lilt; yva.i' in wlnCll a pi'esiu.eiitia.1 pi'etei'tJilCt; pi'nlia.i*y iS llelu., tllG oeCi'et&ry OI otiitt; Siiclll iiutiiy C&Cil "potdlti&i pFtiSluGlltlili C311ulQ3t6 Clfesi^iiHtGCt DytllS COHlTHItt^G lOl" inclU-Sioii on Clio pninavy us.liot. oucti iiOLiiic&iLiOxi sli&ill DG nr w i*itiii^ oy i'tj^isttji'ecl or* . nifciil wiLli I'tst ui'ii I'cCcipt i'e*^U. ( u) Any prosicltjiil'io.l co.iici.iJo.te wliosc iifcniie is iiuti Seiecttjcl by tlie o6crt!L3i"y oi ota.tt; or wliuse namtj is deleteJ by the selectlun committee may lequest, In willing, to the chairperson OI tll6 S61GCtlOlJi Cuxmuittet;, pi'iOi' tu IJeCeiilbei1 lu 01 6^011 y6fl.i' pfeCednig tlit; ye tilt; Co.iiCliCl3.te l*eC[U6SLS tliat SUCll CailCll51 date S lia.lHtrt)6 plaCGu Oil tllG ballot, tllG C0111111ltt66 Snail uIl*6Ct tlit; oeCi'etcu'y ul otate to TUESDAY MARCH 25, 1997 1677 place the candidate's name un the ballot. Within five days after huch mealing, the Oecre- tcii y ui otatc rilicill nuLily Llic ^uteiititil piconjeiitieil i;iiiiliilcitt? wlitLliei' Oi iiut sudi ^.tanui- dale's name will appeal un the ballot." SECTION 20. Said chapter is further amended by striking in its entirety Code Section 21-2-194, relating to procedure for withdrawal of candidates, and inserting in lieu thereof a new Code Section 21-2-194 to read as follows: "21-2-194. Reserved. A candidate's name bhall be piiiited on the appiopiiale piimaiy ballut unless SLUJiJ. CctiidiCititt; riu.uiii.lLS tu tlie oOci'ettti'y OI otilteby \2>. DO JNoon, JJfcJctJiiitrtii" ox, in ticitli yeB.11 pi'eCGClm^ tlie yetii1 111 Wii-lCll tl pi'KSiCltJiiticil prtJitJ^fcJiiCe pi*iiiick.irj"~TSJ ilelu., cm ainiliivit stating without qualification that such peiHun ib nut nuw and dues nut pieaenUy intend tu becuine a candidate fui the office uf President uf the United States at the upcuming nunii- natlllg CuiWeiltlOn ui suCli pei'SGli s political ptii t_y Oi' uudy.11 a Candida tt; Wltiidi aws pur 's MM nt to tJTJS--fVitl^ **ri-\ 'n~ii t----H it- '^i^-iTf'l ri'\--of ^1 fit^ ^liati--imtifv 1} le ^tfltp--^XKt'ijtJVP uuiiiiiiittet; OI tile jjulitiCfl.1 p&l'ty Or uuu._y OI SiiCIl CSiiuiLlfciije tll&t ttlG uiiiiu.iu.citt; e> liaiHt; will iiol be plated un Lhu ballot." SECTION 21. Said chapter is further amended by striking in its entirety Code Section 21-2-224, relating to registration deadlines, restrictions on voting, official list of electors, and voting proce dures when portion of county changes from one county to another in elections and prima ries generally, and inserting in lieu thereof a new Code Section 21-2-224 to read as follows: "21-2-224. (a) If any person whose name is not on the list of registered electors desires to vote at any general primary, general election, or presidential preference primary, such person shall make application as provided in this article by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary, general election, or presidential preference primary. (b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that: (1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if 1678 JOURNAL OF THE SENATE received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; pro vided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. (e) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used. (f) The official list of electors and the official list of inactive electors prepared and distrib uted to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designa tions, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each pre cinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of elec tors shall vote or be allowed to vote at any election, except as otherwise provided in this article. (g) All persons whose names appear on the list of electors placed in the possession of the managers in each precinct and no others except as otherwise provided in this article shall be allowed to deposit their ballots according to law at the precinct in which they are registered. (h) When any portion of a county is changed from one county to another, the persons who would have been qualified to vote in the county from which taken, at the time of any primary or election, shall vote in the county to which they are removed; and, if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as provided in Code Section 21-2228." SECTION 22. Said chapter is further amended by striking in its entirety Code Section 21-2-226, relating to duties of county board in determining eligibility of voters, notice of ineligibility, and issuance of registration cards in primaries and elections generally, and inserting in lieu thereof a new Code Section 21-2-226 to read as follows: "21-2-226. (a) It shall be the duty of the county board of registrars to determine the eligibility of each person applying to register to vote in such county. (b) Upon finding an elector eligible to vote in the county, the county board of registrars shall have the duty of determining and placing the elector in the proper congressional district; state Senate district; state House district; county commission district, if any; TUESDAY MARCH 25, 1997 1679 county or independent board of education district, if any; and municipal governing au thority district, if any; such other voting districts, if any; and precinct. (c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal bounda ries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes with the municipality. (d) Each person submitting an application for voter registration shall be notified of the disposition of such application. In the event that the person is found ineligible, the per son shall be notified of the reasons for ineligibility. Such notices shall be sent to the person in writing by nonforwardable, first-class mail at the mailing address listed on the application. (e) Each elector found eligible to be registered to vote by the board of registrars shall be issued a card which shall contain the elector's name and address, a block or space for the elector's signature, the date of the elector's registration, the name and location of the elector's polling place or polling places if the county and municipal polling places are not the same, and the designation of the elector's congressional district; state Senate district; State House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any, and such other voting districts, if any. On the reverse side of the card, there shall be printed in structions which shall indicate the procedure to be followed in the event of the change of address of the elector. In the event an elector changes residences within the county in which an elector is registered to vote, the elector may change such elector's address by returning the card to the board of registrars of such county indicating the new address. Upon receipt of such card, the board of registrars shall make the necessary changes in the elector's registration records and issue a new card to the elector. In the event that an elector's precinct, polling place, or voting district or districts change, a new card shall be issued to the elector reflecting such changes. When the boundaries of a precinct are changed, all affected electors shall be sent a new~card prior to the next primary or elec tion. The form of such cards shall be determined by the Secretary of State. The issuance of such cards shall be sufficient as a notification of the disposition of an application for voter registration under this Code section, provided that such cards are sent by nonfor wardable, first-class mail. (f) In the event that the registrars are required to issue voters new cards under subsec tion (e) of this Code section due to changes in districts or precincts as a result of reapportionment or court order, the registrars may apply to the Secretary of State prior to June 30 of each year for reimbursement of the costs of postage with respect to mailing such cards during the 12 month period ending on June 30 of that year. The Secretary of State shall receive all such applications and shall, no later than June 30 of each year, reim burse the counties for such costs from funds specifically appropriated for that purpose. In the event that the total amount of the requests for reimbursement exceeds the funds appropriated for reimbursement, the Secretary of State shall reimburse the counties on a pro rata basis. In the event that no funds are specifically appropriated for reimburse ment, no such reimbursement shall be made." SECTION 23. Said chapter is further amended by striking in its entirety Code Section 21-2-227, relating to duty of registrars to furnish list of electors for elections held in governmental subdivi sions, and inserting in lieu thereof a new Code Section 21-2-227 to read as follows: 1680 JOURNAL OF THE SENATE "21-2-227. Whenever the authority of a governmental subdivision within a county who is charged with the responsibility of holding elections shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to prepare promptly and furnish such a list at no charge." SECTION 24. Said chapter is further amended by striking in its entirety Code Section 21-2-228, relating to duties of county board in determining eligibility and examination of electors' qualifica tions in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-228 to read as follows: "21-2-228. (a) The board of registrars of each county shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector of the county whose name is entered upon the list of electors and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the board of registrars may, upon at least three days' notice, require the produc tion of books, papers, and other material and, upon like notice, may subpoena witnesses. The board may swear any witness appearing before it. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a ma jority of the registrars shall control. (c) The sheriff, any deputy sheriff, or any lawful constable of such county shall serve all summonses, notices, and subpoenas issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported immediately by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) If the right of any person to remain on the list of electors is questioned by the regis trars, they shall give such person at least three days' written notice of the date, time, and place of a hearing to determine such right which shall be served upon such person either by first-class mail addressed to the mailing address shown on the person's voter registra tion records or in the manner provided in subsection (c) of this Code section for other notices. (e) If, after conducting a hearing, the registrars find that the elector is not qualified to remain on the list of electors, the registrars shall remove the name of such elector from the list of electors. The elector shall be notified of such decision in writing either by firstclass mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (f) An elector whose name is removed from the list of electors in accordance with this Code section shall have a right of appeal of such decision to the superior court of the county by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand." TUESDAY MARCH 25, 1997 1681 SECTION 25. Said chapter is further amended by striking in its entirety Code Section 21-2-229, relating to challenge of applicant for registration by other electors in elections and primaries gener ally, and inserting in lieu thereof a new Code Section 21-2-229 to read as follows: "21-2-229. (a) Any elector of the county may challenge the qualifications of any person applying to register to vote in the county and may challenge the qualifications of any elector of the county whose name appears on the list of electors. Such challenges shall be in writing and shall specify the grounds of the challenge. (b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228. (c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the pro duction of books, papers, and other material upon application by the person whose quali fications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and af ter attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the chal lenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices. (e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand." SECTION 26. Said chapter is further amended by striking in its entirety Code Section 21-2-231, relating to lists of convicted felons, persons declared mentally incompetent, and deceased persons and removal of names from list of electors in elections and primaries generally, and in serting in lieu thereof a new Code Section 21-2-231 to read as follows: "21-2-231. (a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the 1682 JOURNAL OF THE SENATE Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared men tally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the pre ceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall cause transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names be removed from the list of electors and shall carrec mail a notice of such action and the reason there for to be sent to the last known address of such persons by first-class mail." SECTION 27. Said chapter is further amended by striking in its entirety Code Section 21-2-284, relating to form of official primary ballot, and inserting in lieu thereof a new Code Section 21-2-284 to read as follows: "21-2-284. (a) In each primary separate official ballots shall be prepared for the political party hold ing the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL BALLOT OF __^_^ PARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certi fied to the superintendent or Secretary of State as having so qualified shall be printed on the ballots. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words Tes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark. (e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require. (I) Notwithstanding any ulher piuvibiuii of law to Ihe conUaiy, with leaped Lu Hie general primal y held in 1990, ballotb which aie in cuiifoi malice to all piuvisluns uf this chaptei except fui the date uf the election printed uu Lhu bdllul may be used in the TUESDAY MARCH 25, 1997 1683 SECTION 28. Said chapter is further amended by striking in its entirety Code Section 21-2-285, relating to form of official election ballot in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-285 to read as follows: "21-2-285. (a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: (1) To vote for presidential electors, mark a cross (X) or check (/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check (/) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. (2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or writ ten matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nomi nated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last guberna torial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or col umns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check (/) mark. (d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column. (e) When presidential electors are to be elected, the names of the nominees of each polit ical party or body for such offices shall be arranged alphabetically under the names of the 1684 JOURNAL OF THE SENATE candidates of the party or body for President and Vice President of the United States: ilit; ncimcs ui tlitist; uciiiiliiLcitt^ Diieill uc ^milieu uii tlit; Dctllut ili ti sc^jciicile ^ulLiiini tu Llic right uf the mlimm listing the uthei candidates uf such paity ui body. (f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide ques tions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be deter mined by the superintendent. To the left of each question there shall be placed the words "Yes' and 'No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check (/) mark unless otherwise directed by the General Assembly. (g) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require." SECTION 29. Said chapter is further amended by striking in its entirety Code Section 21-2-325, relating to form of ballot labels in elections and primaries generally, and inserting in lieu thereof a new Code Section 21-2-325 to read as follows: "21-2-325. (a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will fit the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed con stitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. (c) The ballot label for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels. (e) The names of all candidates nominated by a party or body shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed on a single ballot label, together with the name of such party or body. TUESDAY MARCH 25, 1997 1685 (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (g) The names of all candidates of a party or body shall appear in the same row or col umn, and no other names shall appear in the same row or column. The names of candi dates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsec tion (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in the nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be deter mined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonparti san primary is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary also. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary and the head ing and arrangement of such candidates shall be as prescribed by Code Section 21-2284.1 insofar as practicable. At the tope of the separate portion shall be printed in prom inent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candi dates seeking nomination in a nonpartisan primary shall appear on all machines. (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as pro vided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasi ble, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certi fies other candidates as elected pursuant to Code Section 21-2-493.' SECTION 30. Said chapter is further amended by striking in its entirety Code Section 21-2-355, relating to use of separate vote recorders for each party in primaries generally, and inserting in lieu thereof a new Code Section 21-2-355 to read as follows: "21-2-355. In primaries, separate vote recorders may shall be used for each political party. If the SECTION 31. Said chapter is further amended by striking in its entirety Code Section 21-2-381.1, relat ing to procedures for voting with special write-in absentee ballots by qualified absentee 1686 JOURNAL OF THE SENATE electors in primaries and elections generally, and inserting in lieu thereof a new Code Sec tion 21-2-381.1 to read as follows: "21-2-381.1. (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as denned in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. (b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State. (c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot. (d) Upon receipt of said application, the supmiulmuluul registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office." SECTION 32. Said chapter is further amended by striking in its entirety Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new Code Section 21-2-386 to read as follows: "21-2-386. (a)(l) The board of registrars shall keep safely and unopened all official absentee bal lots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar shall write the day and hour of the receipt of the ballot on its envelope. The registrar shall then compare the identifying informa tion on the oath with the information on file in his or her office and shall, if the infor mation and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's office, or if the elector is otherwise found disqualified to vote, the registrar shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars shall promptly notify the elector of such rejec tion, a copy of which notification shall be retained in the files of the board of registrars for at least one year. Three copies of the numbered list of absentee voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee electors voters and three copies of the numbered list of rejected absentee electors voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. TUESDAY MARCH 25, 1997 1687 (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or elec tion, the registrars shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars or poll workers must be pres ent before commencing. (b) After the close of the polls on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precinct containing the county courthouse. Such manager with two assis tant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county showing the results of the absentee ballots cast in such county. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots and shall count the absentee ballots for the county in the manner as prescribed above. (u.l) Wutwillistaiiuiug any piuvisiun ul law tu tlic i;uiiti fciiy, willi iea^it;ct tu tlic picoiueii- tiil ^ji t;ld tjiiuc |ji until y tO uc licU in J.yytlGIlt;d ill illy ill^nlilci' uy SLLLV ItJCld'cil OIJlCia.1 Oz* eiii-jjlGy cc i'clfctL.i v c tO tlifc; jJtJi'lGi'uifince Ol1118 uu-Liuti Ol* relativetO Lilt; laws. Ordinances, rules aild i'e^lll&tlOiiS, Oi" J UCllCidl ^i*OCuCi.U.i'cS OI tlliS riLctlt; ui* ^il^ jpulit~ ical subdivision thereof or of any cuuiLL witlim tins state Reserved." SECTION 3. Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-1810, relating to compensation of district attorneys, and inserting in lieu thereof the following: "(a) Each district attorney shall receive an annual salary from state funds as prescribed by law, payable in equal monthly installments from state funds as may be available fui Hie upeialiuu uf the superior cuui ib uf this stale. Such salary shall be paid as provided in Code Section 15-18-19. (b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater." SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 15-18-12, relat ing to travel expenses of the district attorneys, and inserting in lieu thereof the following: (d)(l) The governing authority of the county or counties comprising the judicial circuit may~provide a person designated by subsection (a) of this Code section with a cuunly government owned vehicle and vehicle expenses, in which event the Prosecuting Attorneys' Council of the State of Georgia may reimburse the county for the actual mileage driven at the same rate as is authorized by rules and regulations issued pursuant to Code Section 45-7-28.1, subject to the budget established for the judicial circuit. (2) Subject to the budget established for the judicial circuit, the Prosecuting Attorneys' Council of the State of Georgia may pay the actual costs incurred by the district attor ney's office for the operation of state owned motor vehicles. The Prosecuting Attorneys' Council of the State of Georgia shall adopt rules governing the operation of such vehiclesT' SECTION 5. Said chapter is further amended by striking Code Section 15-18-13, relating to payment of costs in appellate courts, and inserting in lieu thereof the following: "15-18-13. The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the state the Prosecuting Attorneys' Council of the State of Georgia out of the funds as may be appropriated for the operations of the district attorneys." SECTION 6. Said chapter is further amended by striking Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following: TUESDAY MARCH 25, 1997 1707 "15-18-14. (a) As used in this Code section, the term: (1) 'Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or gov ernment agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law. (2) 'Break in service' means a separation from service on a full-time basis as a prose cuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a 'break in service.2 (3) 'Compensation of the district attorney' means the annual salary of the district at torney paid from state funds, excluding any local supplements to the state salary. (3.1)(4) 'LL.M or S.J.D. degree' means a master's in law or doctorate in jurisprudence awanled: (A) By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or (B) By a law school accredited by the American Bar Association or the Association of American Law Schools; provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this para graph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of the State of Georgia. (4X5) 'Prosecuting attorney' means a person who serves on a full-time basis as a di&- ti'iCt ctLtOriltiy, ft^jci'isuil WliO cJcl'Vco OH BL lull tulie uciSiS 3.S ' (A) A district attorney; (B) An an assistant district attorney, deputy district attorney, or other attorney ap pointed by a district attorney of this state; (C)A a person whu sm vua un a full lime basis as a solicitor-general or assistant solicitor-general of a state court ui as a; (D) A solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; (E) An a peibun whu hervefe as an attorney employed on a full time basis, by the Attorney General of this state; (F) An a peisuu whu beiveb as aii attorney employed on a full-limn basis by the United States Department of Justice; (G) An a person whu sei ves as an attorney who holds elected or appointed office as or is employed un a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; (H) An a peisuii whu selves un a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of the State of Georgia; \i) An 3. ptjl'SGli wliO JSCi'vcS Oil cl lu.ll~tilll.16 COiiLi'^iCLU.il DcfcSlS WiLIl 1116 JJejjHltiill61it OI Human Resumes as an attorney employed as an assistant district attorney, pursu ant to a contract with the Department of Human Resources, under Code Section 1911-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or 1708 JOURNAL OF THE SENATE (J) A a pel sun who selves un a full-time ba&is as a third-year law student under the authority of Code Section 15-18-22; or as otherwise provided for by rule of the Supreme Court of Georgia; or (K)'An attorney serving on active duty with the armed forces of the United States, Including the United States Coast Guard, with responsibility for the prosecution of offenses under the Uniform Code of Military Justice, as amended. (6) 'State' includes the District of Columbia and any territory, possession, or dominion of the United States. (b)(D Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint: (1) One attorney for each as many allumeys as Iheie aie superior court j udges in judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law^ (2) In addition lu Ihe attorneys appointed puisiiaiil lu paiagiaph (1) of this subsectiuii and subject tu available funding, the district attorney in each j udicial uiicuit is aulhui- iZed tu cippullYt Tjilt; cidditiuilcil ck.ttGiM.it!jf tG ciciSicit tile district eVttOrilGJ' 111 til6 pGrlOrift" 111CG OI tile dlltleS XJI tile district SttOl'ilttj S OIIlCc. (3) In addition to all otiiei* duti6s st;L iGrtli in tins CJodt; SectiGn and Cunsisttuit witli t lie 11* CGiiStitu-tiuiifcilciiid Sttit ul/Gi'y duties,tillattGi'iie^ B HppOlllttd pm*cJU.aiit tu psi*3.ji*3plis \L) tilid( 2i) or tliis subisection slicill Lt;^jwliitli piu- viilcs tin ciiiiiCictl sul&iiy ncdicst Lu, uuL ^ieiLei tllciii, tlit; tniiiual octlaij'Lilt? cmoistmiL disUict alluiney was leceiving on June 30, 1984, jjiuvided, liuwevei, that, if the difference belwueii the annual salai^ leceived by such assistant dlsliicl altumuy uii June oU, 19o4, a.HQ tile S&l&i'y Step tu wlilCll SUCI1 assistant district attui'iley WOUlu Dfe tt^jpOlIltGCl plU'suttilt to tlllS Slltjjjfcii'fci.^i'cl.pil. IS IGocj Llldil pJ.UU.UL), Liicll SU.C11 &SBiSLa.ilt uusLi'iCL ttLtOi~utiy Iilfl,y ut; a.jjjjOiiiLt;u. tO Llie ilcXt iii^llGr Bila.i*y SCGpr (6XB) Any person who shall have successfully completed a prosecutorial clinic estab lished at a law school accredited by the American Bar Association, which has been approved by the Prosecuting Attorneys' Council of the State of Georgia, may be ap pointed as an assistant district attorney I at the salary step which is one step above the entry step; fB)(C) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the 1710 JOURNAL OF THE SENATE Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade; (E)(D) Any person employed as a prosecuting attorney by the Attorney General of this~state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employ ment immediately preceding said appointment; and fPHE) Any person who is appointed as a state paid assistant district attorney and whoTias attained, in addition to a J.D. or LL.B. degree, an LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified:; and (F) Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be ap pointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years. (3) The Except as provided in subsection (g) of this Code section, the provisions of para graph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another. (g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attor ney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step. (h)(l) All salary advancements shall be based on quality of work, education, and performance. (2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment;, piuvided, liuwevei, that any atluiiiey whu, subsequent lu lus appointment^JLIIsuclliL tO Lllis LJuile occLiun, clLtcliiiS tillI il j.lvl. llt^i tjc, iiia^ Ue aniv diii^dl Iwu Bitliu^ oLc^jB ellc^l/ivc un Llic lixaL d-&y ui tlic ual^llilm inuiiLli lulluwmg Llic ciwmil ul Llit; 1111. IV1. ucgi cc. Pvu atLui imy D Billing slicill L/C mci c&ScuLe_y unil Llic iiicuiiiii 11111 01 Llic jseiliiii _y 1 diige ii^j^'lnjeiL'lc \Aj Llic ttLLuiiie^ B wlcton.rui^y icuui^Liuii 111 salcay &lmll uc iiiciile 111 cti^uuiutiiiutwiLli aLc^io 111 tlic Acilctij/ adieuulc ^jiuviuuil lui ijy DLtljncuLiuii (c} ul tins Ouuc ricOLiun. (3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree may be advanced two salary steps effec tive on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class. (i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but TUESDAY MARCH 25, 1997 1711 greater than, the annual salary the attorney was receiving immediately prior to the promotion. dLiAJi litiy AppOlHtCCl by 3. ulStl*lCt JittOl Mie^y pUx*SUclTit tO tint? t_/OQG SeCtiOli. (,JtX-t/ itJtiCiT uisti.li; I &utomey biiciii tix tlis coiiipt;iiscitiui.i, to DC ^iciici to &tcii 3.ttoriicy ftpjiGlliteu. plirSU&iit tu tiiiS vJOQti SGttj-Uil ill 3.CCOiLu.fcmCc vVltll tllti ClclSs Lu wlilCll tile it~ tuiiiby is ajjjJuiiiUid and the apyiupiialu Hlep uf the salary schedule. {2} Hit; lJtrjjO tlliS (3) Thu Dbpaitmmil uf Admiiiisli alive Sei vices iJiall levisu the Malai^ nchedulu piu- by subsuctiun (d) uf thib CuJb aectiuu lu include cust uf living inciea&eb which may be gicintcu li uni Liiiit: Lu time Lu iiicinLit;is ul Uie i^lctooilltQ SciviCt; ul Llie kjLiAtc IvleiiL ljyo~ leiu uf Pei-homiel AdmiiiisUatiori. (4) The baldiiub piuvidud fui by lliib Cudtj beuUuu bliall be paid in equal muiillily installmeiits by tli6 coiiniiisbiuiiex1 or dciiiiinistrative sei^iCes ti'oin iuiicls 3.pjjxupi'io.teu. or fl.V3.lltt)l6 Tux' LIJ.C uptJi' SECTION 7. Said chapter is further amended by striking subsections (d) through (m) of Code Section 1518-14.1, relating to district attorney investigators, and inserting in lieu thereof the following: "(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by Hie DepailmeuL uf AdmimsUdlivb Seivim. as follows, pursuant to Code Section 15-18-19. ti) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 $23,490.00 nor more than 70 percent of the compensation of the district attorney from state funds., and \i) J. lie S-y ot worfc. ciiitl pcrlomiiiiicc. i lie i'SOililel ctp|JuliiLcu ptii'tiLiiiiil LO Lluri LyOut; StsClIOil iHa.__y uG uut Llie intent uf this Cude \i) Hie S3.1di'itrs jjfOVlufefl. lui lil tiiici vJOCte seCtiOIl Sl'icill uti p&iu. Ii'Oin luiiQS ct^jpi'u^iiciLt ivailHD16 lOl* tlit; OJjei'cttiOil Ol tH6 SU.pel"lOr COtii'tS in Llit; &filiiti lUfl.nilci1 &B 10 ^jiOVlu^ 13. W lux' idri&i&LiillL QlStl'lCt ctttOi'i i& t^iilj 111 Lilt; 6V6HI LlitiL tile ^eiici'dl tipJJI'Opn 3.LI011c! Act ClOcS iiOL CunLcllll ii]Jpi u^j1 1ci Lluno sufficient tu fund all uf the pusitiuiis autliuilaed by subseotlun (a) uf this Cudu sectiuii, the Prosecuting Attumeys' Cuuncil uf Geuigla shall allucale buch positiuiis amung distiicl altunib^is' ufflces iu such a manner as will fuithei the intent of this Cude cinu ^iiuviuc ail liivbsli^citui tu Llic iimAiuiuiii nuiiiut:i ul juuiuicil uncuila. SECTION 8. Said chapter is further amended by inserting after Code Section 15-18-14.1, a new Code Section 15-18-14.2, to read as follows: "15-18-14.2. (a) The Subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapter 17 of Title 17 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be com pensated by the state in the same manner as other state paid personnel appointed pursu ant to this article from such funds as may be appropriated for such purpose or as are otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel. (b) Subject to the provisions of Code Section 15-18-19, the district attorney shall fix the compensation of each person appointed pursuant to this Code section; provided, however, that the maximum salary for any such position shall not exceed 70 percent of the annual salary of the district attorney from state funds. (c) Each person employed as a victim assistance coordinator or victims advocate shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe. TUESDAY MARCH 25, 1997 1713 (d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assist ance programs authorized by this Code section." SECTION 9. Said chapter is further amended by striking subsection (c) of Code Section 15-18-15, relat ing to chief assistant district attorneys, in its entirety and inserting in lieu thereof the following: "(C) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount uut tu exceed $1,200.00 pel annum. Said Hluuuiit shall be pciiu in cv^ual muullilj' iiAsLalliiieiitcj iiuiii oliLu.citt!iJ. Ill 1 vill&^c, provided, ilOwcvei1 , tile ttjii.iLO.i'icU. tjOU.HtlfTnipl>sTtiori71)ayn^^ other proce dures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article." SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Egan of the 40th offered the following amendment: Amend the committee substitute to HB 609 by striking on line 9 page 4 the word "for" and substituting the word "after" and by striking the words "more than" on line 9 page 4. On the adoption of the amendment, the yeas were 36, nays 2, and the Egan amend ment to the committee substitute was adopted. On the adoption of the substitute, the yeas were 37, nays 2, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Boshears Bowen Broun of 46th Brown of 26th Burton Clay Crotts Dean Egan Fort Gillis Griffin Guhl Harbison 1910 JOURNAL OF THE SENATE Henson Hill Hooks Huggins James Johnson of 1st Kemp Land Madden Marable Middleton Oliver Perdue Price of 56th Ragan Ralston Roberts Scott Starr Streat Thomas of 54th Thompson Turner Tysinger Those voting in the negative were Senators: Balfour Blitch Brush Cagle Cheeks Glanton Gochenour Lamutt Price of 28th Ray Tanksley Thomas of 10th Those not voting were Senators: Johnson of 2nd Langford Stokes Taylor (excused) Walker On the passage of the bill, the yeas were 39, nays 12. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Starr of the 44th assumed the Chair. Senator Turner of the 8th moved that Senator Hooks of the 14th be excused. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Hooks was excused. The Calendar was resumed. HB 567. By Representatives Porter of the 143rd, Taylor of the 134th, Purcell of the 147th and others: A bill to be known as the "School Safety Act of 1997"; to amend Code Section 1511-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdiction over certain criminal offenses committed by juveniles to provide written notice to the local school system in which the juvenile is enrolled. Senate Sponsor: Senator Oliver of the 42nd. The Senate Judiciary Committee offered the following amendment: Amend HB 567 by striking line 15 of page 1 and inserting in lieu thereof the following: "provide for procedures for disciplinary proceedings; to provide for temporary and perma nent removal of students from class; to provide for readmittance, notice to parents, con ferences, hearings, reports to the General Assembly, immunity for teachers from disciplinary actions in certain circumstances, and placement review committees; to" By inserting after line 18 of page 5 the following: "SECTION 6. Said part is further amended by adding immediately following Code Section 20-2-755 new Code Sections 20-2-755.1 and 20-2-755.2 to read as follows: '20-2-755.1. (a) Subject to the laws and to the rules of the local school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal's designee and shall keep good order and discipline in the classroom and other areas of the school in which the student is so assigned. THURSDAY, MARCH 27, 1997 1911 (b) Within the framework of the school district code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety and learning environment of all students in their classes and school: (1) After exhausting all reasonable methods of classroom discipline, a teacher may re move from class a student: (A) Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or (B) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; (2) Any student excluded from a class shall be placed under the control of the principal of the school or his or her designee. The principal or designee may place the student in another appropriate class at the same school, in in-school suspension, in an alternative educational setting, or, if another similar class is not available, return the student to the classroom by providing written notification to the teacher of the student's readmittance and specific type of disciplinary action taken to correct the behavior problem. The student may be prohibited from attending or participating in school sponsored or school related activities; (3) If the student is removed from a class, the principal or designee shall promptly notify the student's parent or guardian by telephone or in writing; (4) If the discipline problem continues, the teacher may exclude the student from the class for the second time and the principal may not return the student to the teacher's class without the teacher's consent unless the placement review committee established under Code Section 20-2-755.2 determines that such placement is the best or only available alternative; (5) Prior to returning the student to the classroom, there shall be a conference between the teacher, parent or guardian, student, principal or designee, and a member of the placement review committee to discuss the student's disruptive behavior pattern and establish a contract of appropriate behavior for the student and to impose any appro priate disciplinary penalties as a condition of readmittance. Any student violating this contract may be permanently removed by a teacher from his or her classroom; (6) If the student is removed from the classroom for a period often days or more, he or she may request a hearing pursuant to the procedures provided in Code Section 20-2754; (7) Any teacher who removes 15 percent of his or her total class enrollment may be required to complete professional development to improve classroom management skills; (8) The Department of Education shall conduct a study on the number of students who are removed from classrooms and statistical information on their race and gender, the length of removal, placement alternatives for students who are expelled, and the number of decisions by teachers that are overriden by the placement review commit tee. A report to the General Assembly shall be submitted no later than January 1, 1999, and annually thereafter no later than January 1; (9) A teacher acting in conformity with the removal procedures set forth in this Code section shall not be subject to any disciplinary action by the school administration or the local school board members; and (10) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals With Disabili ties Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990. 1912 JOURNAL OF THE SENATE 20-2-755.2. (a) Each school shall establish a placement review committee to determine placement of a student when a teacher withholds consent to the return of a student to the teacher's class. Committee membership must include at least the following: (1) Two teachers selected by the school's faculty; and (2) The principal or one member from the school's staff selected by the principal. (b) The teacher who withheld consent to readmitting the student may not serve on the committee. The teacher and the placement review committee must render decisions within five days of the removal of the student from the classroom.' " By renumbering Sections 6 through 11 as Sections 7 through 12, respectively. Senators Johnson of the 1st and Oliver of the 42nd offered the following amendment: Amend the Senate Judiciary Committee amendment to HB 567 by striking lines 3 through 11 of page 1 and inserting in lieu thereof the following: "Amend HB 567 by striking line 15 of page 1 and inserting in lieu thereof the following: 'provide for procedures for disciplinary proceedings; to authorize the removal of a student posing disciplinary problems from a teacher's classroom and for the reassignment of such student; to provide for notice, hearing, parental conference, student support team, study of students removed from classrooms, and annual report to the General Assembly; to.' By inserting after line 17 of page 5 the following:" By striking lines 17 through 39 of page 1, by striking lines 1 through 43 of page 2, by striking lines 1 through 33 of page 3, and by inserting in lieu thereof the following: "(a) A teacher may remove from class a student: (1) Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or (2) Whose behavior the teacher determines is so unruly, disruptive, or abusive that it substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn. (b) If a teacher removes a student from class under subsection (a) of this Code section, the school principal may place the student in another appropriate class at the same school, in in-school suspension, in an alternative educational setting, or return the stu dent to class. The student may be prohibited from attending or participating in school sponsored or school related activities. (c) If a student is removed from a class, the school shall promptly notify the student's parent or guardian by telephone or in writing. (d) The school principal may not return the student to the teacher's class without the teacher's consent unless the student support team established under this Code section determines that such placement is the best or only available alternative. (e) If a student is removed from class for disciplinary reasons, there shall be a conference between the teacher, the student, the student's parent or guardian, and the school princi pal to establish a contract of appropriate behavior for the student and to impose any appropriate disciplinary penalties as a condition of readmittance. (f) If a student is removed from the classroom for a period of ten days or more, he or she may request a hearing pursuant to the procedures provided in Code Section 20-2-754. (g) Any teacher who removes 15 percent of his or her total class enrollment shall be required to complete professional development to improve classroom management skills. (h) The Department of Education shall conduct a study on the number of students who are removed from classrooms and statistical information on their race and gender, the length of removal, placement alternatives for students who are expelled, and the number THURSDAY, MARCH 27, 1997 1913 of decisions by teachers that are overridden by the placement review committee. A re port to the General Assembly shall be submitted no later than January 1, 1999, and annually thereafter no later than January 1. (i) A teacher acting in conformity with these removal procedures shall not be subject to any disciplinary action by the school administration or the local school board members. (j) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Amer icans with Disabilities Act of 1990. 20-2-755.2. Each school shall establish a student support team to determine placement of a student when a teacher requests removal of a student from his or her class. Committee member ship must include at least the following: (1) Principal or assistant principal; (2) One member from the school's staff selected by the school principal; and (3) The referring teacher." ' " On the adoption of the amendment, the yeas were 31, nays 1, and the Johnson, Oliver amendment to the committee amendment was adopted. On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted, as amended. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Turner Tysinger Walker Voting in the negative were Senators Brown of the 26th and Thomas of the 10th. Those not voting were Senators: Bowen Hooks (excused) Langford Starr (presiding) Taylor (excused) Thompson On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed as amended. 1914 JOURNAL OF THE SENATE HB 654. By Representative Lord of the 121st: A bill to amend Title 33 of the Official Code of Georgia Annotated, the "Georgia Insurance Code," so as to change provisions relating to health insurance and other forms of health benefits. Senate Sponsor: Senator Langford of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Gillis Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Ragan Ralston Roberts Scott Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those voting in the negative were Senators: Glanton Gochenour Price of 28th Ray Price of 56th Those not voting were Senators: Bowen Fort Hooks (excused) James Johnson of 1st Starr (presiding) Stokes Taylor (excused) Walker On the passage of the bill, the yeas were 42, nays 5. The bill, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: SB 50. By Senators Oliver of the 42nd, Hooks of the 14th and Harbison of the 15th: A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to direct the office to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs. The House substitute was as follows: A BILL To be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs so as to direct the De partment of Education to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through THURSDAY, MARCH 27, 1997 1915 the encouragement and coordination of local programs; to authorize grants for the purpose of funding local programs; to provide for the goals and evaluation of the state program and local programs; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by adding at its end a new Code section to read as follows: "20-2-312. (a) The Department of Education shall operate a state program designed to provide en hanced academic resources, community service activities, and other enrichment activi ties to middle school age children during nonschool hours. The state program shall operate through the encouragement and coordination of local programs providing such resources. Additionally, to the extent that funds are appropriated or otherwise made available to the Department of Education, the office may make grants for the purpose of funding such local programs. Any such grants shall be made in accordance with the provisions of Article 5 of Chapter 5 of Title 28, the 'Fair and Open Grants Act of 1993.' (b) The goals of the state program shall include, but not necessarily be limited to, in creased participation by middle school age children in local programs which will result in: (1) Improvement in school attendance and academic performance of participating students; (2) Reduction of the number of middle school age children who are unsupervised dur ing nonschool hours; (3) Increased participation by students in supervised academic, educational, and vol untary community service activities; and (4) Reduction of juvenile crime and substance abuse and teenage pregnancy, provided however, that all teenage pregnancy reduction programs shall abide by guidelines and rules and regulations applicable to clinics operating during the school day. Further more, any sex education materials or classes shall adhere to Department of Education guidelines and rules and regulations and shall additionally be approved by the appro priate sex education review committee. (c) The Department of Education shall conduct an annual review of the effectiveness of state and local programs provided for in this Code section. Such review shall include to the maximum extent possible: (1) An impact analysis using data indicating whether the state program and local pro grams have: (A) increased the academic success of participating students; and (B) de creased the incidence of adverse behaviors such as truancy, substance abuse, and juvenile crime among participating students; and (2) Evaluation of the state program and local programs by affected parties, including participating students and their parents, educators, law enforcement and juvenile court officers, and health care providers." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Oliver of the 42nd moved that the Senate disagree to the House substitute to SB 50. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate dis agreed to the House substitute to SB 50. 1916 JOURNAL OF THE SENATE The Calendar was resumed. HR 398. By Representative Jenkins of the 110th: A resolution ratifying the change of regional development center boundaries es tablished by the Board of Community Affairs. Senate Sponsor: Senator Griffin of the 25th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Bowen Egan Hooks (excused) James Oliver Starr (presiding) Taylor (excused) On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 142. By Representatives Bates of the 179th and Ponder of the 160th: A resolution authorizing the conveyance of certain state owned real property located in Decatur County. Senate Sponsor: Senator Ragan of the llth. Senator Taylor of the 12th offered the following amendment: Amend HR 142 by adding on line 2 of page 1 between the word "Georgia" and the semicolon the following: ", and Dougherty County, Georgia", and by adding between lines 32 and 33 of page 1 the following: "WHEREAS, the State of Georgia is the owner of certain parcels or tracts of real property located in Dougherty County, which real property is all those tracts or parcels of land lying and being on either side of Jackson Street as it intersects Oglethorpe Boulevard in the City of Albany containing 2.03 and 1.78 acres and is the location of the Georgia Department of Human Resources; and WHEREAS, Dougherty County has agreed to build a new facility for the use of the Depart ment of Human Resources." THURSDAY, MARCH 27, 1997 1917 By adding on line 8 of page 2 between the word "property" and the word "shall" the words: "located in Decatur County". By adding between lines 24 and 25 of page 2 the following: "SECTION 4.1. That the above-described real property located in Dougherty County shall be conveyed by appropriate instrument to Dougherty County by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $10.00 once the property is vacated by the Department of Human Resources, provided that the fair market value of the above-described state owned property shall be deducted from the rental rate of the new facility to be built by Dougherty County over a term of not less than 15 years, and such further consideration and provisions as the State Properties Commission shall in its discre tion determine to be in the best interest of the State of Georgia." By adding on line 27 of page 2 between the words "county" and "and" the words "or Dougherty County". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Harbison Henson Hill Huggins Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Gochenour Guhl Hooks (excused) James Starr (presiding) Taylor (excused) On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. HB 531. By Representatives Birdsong of the 123rd, Ray of the 128th, Jenkins of the 110th and Royal of the 164th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales 1918 JOURNAL OF THE SENATE and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended. Senate Sponsor: Senator Starr of the 44th. The Senate Finance and Public Utilities Committee offered the following substitute to HB 531: A BILL To be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, is amended by striking subparagraphs (a)(l)(G) and (a)(l)(H) and inserting in lieu thereof new subparagraphs (aXD(G) and (a)(l)(H) to read as follows: "(G) The retirement of previously incurred general obligation debt of the county, one or more municipalities, or any combination thereof other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obliga tion debt was incurred for a project or projects of a type for which new general obliga tion debt may be incurred under this article; (H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capital equip ment lu opeiate bitch facilities, airport facilities, ami or related capital equipment to upeiate such used in the operation of public safety or airport facilities, or both any combination of such purposes; or"" SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Hill Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt THURSDAY, MARCH 27, 1997 1919 Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Brush Gochenour Henson Hooks (excused) Starr (presiding) Taylor (excused) Walker On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 445. By Representatives Childers of the 13th, Shaw of the 176th, Parsons of the 40th and others: A bill to amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corpo rations formed, created, or operated by or on behalf of a hospital authority. The House amendment was as follows: Amend the Senate substitute to HB 445 by adding between lines 2 and 3 of page 8 the following: "This subsection shall not apply to any transaction which is subject to the provisions of Code Section 31-7-89.1 as such Code section may be enacted by HB 600 during the 1997 regular session of the General Assembly." By striking the words "subsection (c)" and inserting the words "subsection (b)" on line 18 of page 8, Senator Middleton of the 50th moved that the Senate agree to the House amendment to the Senate substitute to HB 445. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Abernathy Balfour Blitch Boshears Bowen Broun of 46th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Griffin Guhl Harbison Henson Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson 1920 JOURNAL OF THE SENATE Turner Tysinger Those not voting were Senators: Brown of 26th Gochenour Hill Hooks (excused) Starr (presiding) Taylor (excused) Walker On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 445. The following bill was taken up to consider House action thereto: HB 888. By Representatives Carter of the 166th, Murphy of the 18th, Shaw of the 176th and others: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that on and after January 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the Public Service Commission. Senator Perdue of the 18th moved that the Senate insist on its substitute to HB 888. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 888. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate: SB 101. By Senators Starr of the 44th and Perdue of the 18th: A bill to amend Code Section 36-87-2 of the Official Code of Georgia Annotated, relating to the authority of counties and municipal corporations to participate in federal programs, so as to provide that counties and municipal corporations shall be authorized to participate in federal and state programs which provide funds for job training, job research assistance, and workforce development pro grams and to accept and to expend grant funds subject to such terms as may be required by the grantor. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 33. By Senator Boshears of the 6th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system of personnel administration generally, so as to change certain provisions relating to purposes and principles; to change certain provisions relating to composition of classified and unclassified service. SB 93. By Senators Madden of the 47th, Langford of the 29th, Perdue of the 18th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for THURSDAY, MARCH 27, 1997 1921 the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 132. By Senators Starr of the 44th and Oliver of the 42nd: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the superior courts shall have exclusive jurisdiction over the trial of certain felony offenses involving juveniles; to provide for bail for juveniles who commit certain felony offenses; to provide that designated felonies are not subject to informal adjust ment without the consent of the district attorney. The House insists on its position in disagreeing to the Senate substitute and has ap pointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House: HB 663. By Representatives Jamieson of the 22nd, Royal of the 164th, Walker of the 141st and others: A bill to provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for designa tion of state enterprise zones. The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Royal of the 164th and Smith of the 12th. The House has agreed to the Senate amendment to the following bill of the House: HB 1053. By Representatives Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and others: A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah. The House has passed by the requisite constitutional majority the following bills of the Senate: SB 130. By Senators Starr of the 44th, Perdue of the 18th and Oliver of the 42nd: A bill to amend Code Section 46-2-91 of the Official Code of Georgia Annotated, relating to penalties recoverable before the Public Service Commission, so as to increase the maximum penalties. SB 376. By Senator Langford of the 29th: A bill to amend Code Section 33-9-40.1 of the Official Code of Georgia Annotat ed, relating to rates of workers' compensation policies issued to business entities with majority interest held by the same person, so as to authorize the Commis sioner of Insurance to investigate certain complaints against insurers or work ers' compensation group self-insurance funds. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: 1922 JOURNAL OF THE SENATE SB 304. By Senators Middleton of the 50th, Henson of the 55th, Thomas of the 10th and others: A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to change the provisions regarding unlawful acts and penalties; to change the provisions relat ing to liens of the Department of Medical Assistance; to change the provisions relating to administrative hearings and appeals. The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House: HB 1036. By Representatives Mueller of the 152nd, Dixon of the 150th, Pelote of the 149th and others: A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of the clerk of the state court. The Calendar was resumed. HB 217. By Representatives Royal of the 164th, Bates of the 179th and Stancil of the 16th: A bill to amend Article 1 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding annexation, so as to provide that certain provisions authorizing local annexation or deannexation shall not affect the authority of the General Assembly to annex or deannex by local Act. Senate Sponsor: Senator Thomas of the 10th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Those not voting were Senators: Abernathy Brush Guhl Hooks (excused) Huggins Starr (presiding) Taylor (excused) Walker On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 27, 1997 1923 The following bill was taken up to consider House action thereto: HB 71. By Representative Murphy of the 18th: A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to prohibit certain unsolicited telephone calls to residential subscribers who have given notice of their objec tion to such calls to the Georgia Public Service Commission. Senator Henson of the 55th moved that the Senate adhere to its substitute to HB 71 and that a Conference Committee be appointed. On the motion, the yeas were 36, nays 0; the motion prevailed, and the President ap pointed as a Committee of Conference on the part of the Senate the following Senators: Henson of the 55th, Oliver of the 42nd and Johnson of the 1st. The Calendar was resumed. HB 293. By Representatives Martin of the 47th, Alien of the 117th, Barnes of the 33rd and others: A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oath. Senate Sponsor: Senator Clay of the 37th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Gochenour Griffin Guhl Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ralston Ray Roberts Scott Stokes Streat Tanksley Thomas of 10th Thompson Turner Voting in the negative was Senator Glanton. Those not voting were Senators: Abernathy Blitch Hooks (excused) Starr (presiding) Taylor (excused) Thomas of 54th Tysinger Walker On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed. 1924 JOURNAL OF THE SENATE Senator Middleton of the 50th moved that Senator Ralston of the 51st be excused. On the motion, the yeas were 29, nays 2; the motion prevailed, and Senator Ralston was excused. HB 238. By Representatives Henson of the 65th, Jones of the 71st, Martin of the 47th and others: A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to pro vide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an appli cation for utilization; to make conforming amendments to other provisions in said chapter. Senate Sponsor: Senator Middleton of the 50th. Senator Middleton of the 50th offered the following amendment: Amend HB 238 by adding after the semicolon on line 8 of page 1 the following: "to change the provisions relating to the number and geographic representation of mem bers of such board;". By adding lines 2 and 3 of page 2 the following: "SECTION 1.1. Said chapter is further amended by striking Code Section 43-34-22, relating to the number and geographic representation of the members of the State Board of Medical Examiners, and inserting in its place the following: '43-34-22. The ten members of the State Board of Medical Examiners an, uf March 10, 1970, shall ei ul Llie uuaiu, Lu BCIVC Lciilio uueAlcilsivt willi Lhtii Ldiiio Uli llic pievi- tjLdLc Uuctl J ul JVLt?llll,Cll liijvclllllild S. Hie uLllCi LwU ^llly SlUldll lIlCiliLlel'o ui LJUCII u slltill Lit a^jjjulnLcu lium eiuiuil^ Llic ilicuiutia ui tlic LjtiaLc ijutliu vl iiJXaiiiiiit:! ^jciLli-y ill ullitc as ul iVlclzuli J-ti, -Ly/U, tO oei ve Ict'mo i^utjALdioivt; wiLll Llien Lcillis i c v lu Lirilj' CAmliii^ oLctLc Ijucnu ul UjjLainj.lit^i ill L^otcuiJciLIi^y . p\il Suuocv^utjuL cijj- shall serve for a term of four years and until successors are appointed and quali fied. All reappointments and new appointments shall be made so that each cung distiicl in Llie state is lepitjbenled by an M.D. mbinbei at all limes the various geo graphic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.' " Senator Middleton of the 50th offered the following amendment: Amend the Middleton Amendment to HB 238 by: Add the word "ten" on line 14 after the word "The" beginning the sentence. On the adoption of the amendment, the yeas were 35, nays 0, and the Middleton amendment to the Middleton amendment was adopted. On the adoption of the amendment, the yeas were 33, nays 0, and the Middleton amendment was adopted as amended. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks THURSDAY, MARCH 27, 1997 1925 Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Muggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Marable Middleton Oliver Perdue Price of 28th Price of 56th Ragan Ray Roberts Scott Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Walker Those not voting were Senators: Abernathy Blitch Hooks (excused) Madden Ralston (excused) Starr (presiding) Taylor (excused) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The President resumed the Chair. HB 57. By Representative Barnes of the 33rd: A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in landfills having a liner which meets certain re quirements. Senate Sponsor: Senator Kemp of the 3rd. The Senate Natural Resources Committee offered the following substitute to HB 57: A BILL To be entitled an Act to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," so as to provide restrictions on applications for certain waste disposal facilities; to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in con struction and demolition or municipal solid waste landfills; to provide for standards; to provide for a report by the Environmental Protection Division of the Department of Natu ral Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Comprehensive Solid Waste Management Act," is amended by striking in its en tirety subsection (d) of Code Section 12-8-25.3, relating to restrictions on sites for certain waste disposal facilities within significant ground-water recharge areas or near military air space used as a bombing range, and inserting in lieu thereof the following: "(d) Notwithstanding any other provision of law or any administrative regulation or ac tion to the contrary, no No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing 1926 JOURNAL OF THE SENATE range. The provisions of this subsection shall apply to all permit applications pending on or after the effective date of this subsection and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date." SECTION 2. Said article is further amended by adding, following Code Section 12-8-40.2, a new Code Section 12-8-40.3 to read as follows: "12-8-40.3. It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills." SECTION 3. The Environmental Protection Division of the Department of Natural Resources in con junction with the Pollution Prevention Assistance Division shall develop a plan, if practica ble, to encourage the recycling of asphalt shingles and shall make a report on such plan to the General Assembly of Georgia by December 31, 1997. SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Brush Burton Cagle Cheeks Clay Crotts Dean Egan Fort Gillis Glanton Gochenour Griffin Guhl Harbison Henson Hill Huggins Johnson of 2nd Kemp Lamutt Land Langford Marable Middleton Perdue Price of 28th Price of 56th Ragan Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative was Senator Oliver. Those not voting were Senators: Abernathy Hooks (excused) James Johnson of 1st Madden Ralston (excused) Taylor (excused) Walker THURSDAY, MARCH 27, 1997 1927 On the passage of the bill, the yeas were 47, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. HB 79. By Representatives Hegstrom of the 66th, Baker of the 70th, Sherrill of the 62nd and Byrd of the 170th: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the Parking Law for Persons with Disabilities, so as to provide for uniforms for persons appointed for enforcement purposes. Senate Sponsor: Senator Thompson of the 33rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Balfour Blitch Boshears Bowen Broun of 46th Brown of 26th Burton Cagle Cheeks Clay Crotts Dean Fort Gillis Glanton Gochenour Griffin Harbison Henson Hill Huggins James Johnson of 2nd Johnson of 1st Kemp Lamutt Land Langford Madden Marable Middleton Oliver Perdue Price of 28th Ragan Ralston Ray Roberts Scott Starr Stokes Streat Tanksley Thomas of 54th Thomas of 10th Thompson Turner Tysinger Voting in the negative was Senator Price of the 56th. Those not voting were Senators: Abernathy Brush Egan Guhl Hooks (excused) Taylor (excused) Walker On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House: HB 426. By Representatives Floyd of the 138th, Reaves of the 178th, Purcell of the 147th and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term 1928 JOURNAL OF THE SENATE "livestock"; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer. The Speaker has appointed on the part of the House, Representatives Floyd of the 138th, Reaves of the 178th and Purcell of the 147th. The House has adopted by the requisite constitutional majority the following resolu tion of the Senate: SR 232. By Senators Oliver of the 42nd, Perdue of the 18th, Land of the 16th and others: A resolution creating the Joint Study Committee on the Prevention and Treat ment of Substance Abuse. The House has passed by the requisite constitutional majority the following bill of the Senate: SB 141. By Senators Bowen of the 13th and Streat of the 19th: A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to provide that the Depart ment of Public Safety and its employees are excluded from any grievance proce dure promulgated by the rules or regulations of any other department, agency, or board of state government including the State Personnel Board or the State Merit System of Personnel Administration. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 356. By Senator Langford of the 29th: A bill to amend Article 3 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to the procedure for rehabilitation of an insurer, so as to change the priority of distribution of claims from an insurer's estate; to provide for a statement of intent. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 247. By Senators Bowen of the 13th, Streat of the 19th, Huggins of the 53rd and others: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to change the applicability of certain provisions of the law relating to the issuance of licenses to former law enforcement officers to carry a pistol or revolver; to provide that Code Sections 16-11-126 through 16-11-128 shall not apply to or affect sheriffs, retired sheriffs, deputy sheriffs, or certain retired deputy sheriffs. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 48. By Senators Dean of the 31st, Marable of the 52nd and Guhl of the 45th: A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the hiring out of inmates and the sale of products produced by in mates, so as to provide that any private person, organization, or corporation with whom the commissioner of corrections has contracted may utilize penal labor in the same manner as any such labor may be utilized by any other penal institution operated under the authority of the Board of Corrections. THURSDAY, MARCH 27, 1997 1929 The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House: HB 250. By Representative Parham of the 122nd: A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages generally, so as to change certain provisions relating to powers of local governing authorities as to alcoholic bever age licensing; to change certain provisions relating to furnishing alcoholic bever ages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 133. By Senators Oliver of the 42nd, Clay of the 37th, Taylor of the 12th and others: A bill to amend Chapter 23 of Title 15 of the Official Code of Georgia Annotated, relating to court-annexed alternative dispute resolution, so as to change the short title; to change the composition of boards of trustees of county funds for alternative dispute resolution programs; to provide for immunity for members of such boards and other personnel acting in a policy making capacity. The House has agreed to the Senate amendment to the following bill of the House: HB 152. By Representative Birdsong of the 123rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the advertisement of judicial sales, so as to change the requirements for the official organ of publication. The House has disagreed to the Senate substitute to the following bill of the House: HB 183. By Representatives Randall of the 127th, Crews of the 78th, Murphy of the 18th and others: A bill to amend Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to inspection of criminal records and the purging, modifying, or supple menting of criminal records, so as to provide that any person arrested or indict ed for a crime and subsequently released without charge or not prosecuted shall be entitled to have any criminal records relative to such case purged. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 324. By Senator Cagle of the 49th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county docu ments shall be stored within the State of Georgia. The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate: SR 286. By Senator Thompson of the 33rd: A resolution directing the Georgia Rail Passenger Authority to undertake cer tain studies concerning passenger rail service. The Calendar was resumed. 1930 JOURNAL OF THE SENATE HB 383. By Representative Ashe of the 46th: A bill to amend Code Section 20-2-133 of the Official Code of Georgia Annotated, relating to eligibility for and exceptions from free public education, so as to pro vide for the state to reimburse local units of administration for reasonable attor neys' fees incurred in actions relating to the education of a child residing in a state facility. Senate Sponsor: Senator Brush of the 24th. The Senate Education Committee offered the following substitute to HB 383: A BILL To be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for the state to reimburse local units of administration for reasonable attorneys' fees incurred in actions relating to the education of a child residing in a state facility; to provide for eligibility for certain grants for middle schools; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended in Code Section 20-2-133, relating to eligibility for and exceptions from free public education, by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: "(b)(l) Except for a child who is in the physical custody of the Department of Children and Youth Services or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Children and Youth Services or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver interme diate care for the mentally retarded and which follows the federal regulations for inter mediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Medical Assistance or its designee, who has been ad mitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational pro grams of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, ex cept as provided in this paragraph, placement in such a facility by the parent or by an other local unit of administration shall not create such responsibility. (2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Children and Youth Serv ices or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, THURSDAY, MARCH 27, 1997 1931 including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Children and Youth Services or the Depart ment of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. No child or youth in the custody of the Department of Corrections or the Department of Children and Youth Services and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educa tional programs of the local unit of administration of the school district where such child or youth is being held. (3)(A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Children and Youth Services or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continu ous days. (B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administra tion to another. (4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Pro grams (lEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Children and Youth Services or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the De partment of Children and Youth Services or the Department of Human Resources per taining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Children and Youth Services or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursu ant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys' fees and costs of litigation expended, either for its defense or in payment of statutorily mandated plaintiffs' attorneys' fees, by the local unit of administration on any administrative or judicial proceeding involv ing any child described in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education. 1932 JOURNAL OF THE SENATE (6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide interme diate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child. (7) The Department of Education, the Department of Human Resources, the Depart ment of Children and Youth Services, and the local units of administration where De partment of Children and Youth Services or Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Children and Youth Services or the Depart ment of Human Resources." SECTION 2. Said article is further amended by striking Code Section 20-2-290, relating to organization of schools, and inserting in lieu thereof a new Code Section 20-2-290 to read as follows: "20-2-290. The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. How ever, the State Board of Education shall provide grants to local school systems that oper ate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified mid dle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include in struction in foreign language as an option for students wliu have scuied a I ui above the siALit^Lli ^jd'ctsiiLilc un a nciLiuiicillty iiui mcu LcsL Ori~e